How the charge sheet is to be issued?

23. How the charge sheet is to be issued? As seen above, issue of charge sheet is the discharge of the constitutional obligation – to inform the employee of the charges. The charge sheet therefore needs to be served on the employee. It may either be served in person or sent to the supervisory officer of the employee concerned for service or sent by registered post. Hon’ble Supreme Court in Delhi Development Authority vs H.C. Khurana [1993 AIR 1488, 1993 SCR (2)1033] has interpreted the term ‘issue of charge sheet’ in the following manner in the context of the applicability of the sealed cover procedure: : “The issue of a chargesheet, therefore, means its despatch to the government servant, and this act is complete the moment steps are taken for the purpose, by framing the chargesheet and despatching it to the government servant, the further fact of its actual service on the government servant not being a necessary part of its requirement. This is the sense in which the word 'issue' was used in the expression 'chargesheet has already been issued to the employee', in para 17 of the decision in Jankiraman.” However, in the case of Union of India Vs. Dinanath Shataram Karekar & Ors, [1998 SCC (L&S) 1837], the Hon’ble Supreme Court vide its judgment dated 30/07/1998 87 had held that charge sheet dispatched by registered post and received back with the postal endorsement “not found” does not amount to issue of charge sheet and set aside the order dated 19 Aug 1985 holding, . “It has already been found that neither the charge-sheet nor the show-cause notices were ever served upon the original respondent, Dinanath Shantaram Karekar. Consequently, the entire proceedings were vitiated.”