VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 535
953
observation that the conviction will not affect the service of the
accused persons in the Public Employment.
(534)
Fresh inquiry / De novo inquiry
Issuance of fresh charge sheet containing same
charges as earlier, in pursuance of orders of
appellate authority for a de novo inquiry from the
stage of issue of charge sheet, not illegal.
S. Ramesh vs. Senior Superintendent of Post Offices,
2002(1) SLJ CAT BANG 28
The applicant who was working as Treasurer in Ashok Nagar
Post Office having been removed from service in a disciplinary
proceedings which has been confirmed by the appellate authority
has filed the application challenging the orders among others, on the
ground that enquiry should have been conducted on the basis of old
charge sheet instead of serving another charge sheet after the
appellate authority directed for de novo enquiry.
The Administrative Tribunal held that so far as allegation
regarding issuance of a second charge sheet is concerned, the same
has been done as per the direction of the appellate authority in the
appeal filed by the applicant at the first instance — who directed for
de novo enquiry from the stage of issue of charge sheet. The second
charge sheet is same as the first one. No new/fresh charge has
been framed in the second charge sheet against him. As such no
bias can be attributed and there is no illegality committed by the
authority in serving the same charge sheet as the appellate authority
directed for de novo enquiry from the stage of charge sheet.
(535)
Suspension — using of wrong term ‘under trial’
Where powers under Rule 3(3) of AIS (D&A) Rules,
1969 are available, using of a wrong term ‘under
trial’, when trial is not pending, does not make the
order of suspension invalid.