what will be the possibility of going ex-parte when the charged officer evades or refuses acceptance of Charge Sheet?
4. If delivery of articles of charge is pre-requisite for conducting ex-parte
inquiry, what will be the possibility of going ex-parte when the charged officer
evades or refuses acceptance of Charge Sheet?
Firstly it must be appreciated that delivery of charge Sheet does not mean physical
delivery and obtaining an acknowledgement therefor. Constructive delivery of
Charge Sheet is adequate to hold that the articles of charge have been delivered.
In this connection, para 20.2 of Chapter X of the Vigilance Manual Volume I (1991
Edition) is extracted hereunder:
140
“20.2 If the Government servant evades acceptance of the articles of charge
and/or refuses to accept the registered cover containing the articles of charge,
the articles of charge will be deemed to have been duly delivered to him as
refusal or a registered letter is normally tantamount to proper service of its
contents.”
As a measure of precaution, the charge sheet may be pasted on the notice board,
doors of the residence of the charged officer, uploaded on the web site of the
organization and an advertisement may be issued in a news paper regarding the
initiation of the disciplinary proceedings. For the pasting of the charge sheet on the
doors, independent witnesses’ statements may be obtained