Q. Will it invalidate the charge-sheet if the proposed punishment is mentioned in it?
Answer: Mentioning proposed punishment in the charge-sheet will not invalidate the charge-sheet, nor will the management be deemed to be prejudiced against the delinquent employee. In a case, Allahabad High Court has held that if the employer issues a charge-sheet and also mentions that on the employee’s being found guilty, he may be punished in a particular manner, that will not mean that the employer intended to punish the employee in spite of the result of the enquiry. It has been held that in such a case an employee had an advantage as he could know the seriousness of the charge against him and take proper defence.1 In one case, the Karnataka High Court had held that the mention of ‘dismissal’ in the charge-sheet will not mean prejudicing the matter particularly when explanation was tendered, second cause notice issued after enquiry before passing an order for dismissal.2
References:
- Devi Charan Srivastava v. Elgin Mills Co. Ltd., Kanpur, 1982 FLR 44 (20); Ramshakal Yadav v. Chief Security Officer, AIR 1967 MP 91: 1966 MPLJ 1032.
- S. Nagaiah v. Indian Aluminium Co. Ltd., 1991 (I) LLJ 554 (Kant HC).
H. L. Kumar
Advocate, Chief Editor,
Labour Law Reporter
