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Issues involved: Whether the charge sheet issued to the Respondent in connection with a disciplinary inquiry was required to be approved by the disciplinary authority or not.
Summary: The Petitioner challenged an order passed by the Central Administrative Tribunal regarding the issuance of a charge sheet without approval from the disciplinary authority. The Tribunal held that the charge sheet should have been approved before issuance to be valid. The Petitioner referred to Rule 14(3) of the Central Civil Services Rules, stating the procedure for imposing major penalties. The rule mandates the disciplinary authority to draw up or cause a charge sheet to be drawn up. An office order from the Department of Revenue specified that approval for issuing a charge memo must be obtained from the Finance Minister in disciplinary cases. The Respondent obtained approval for initiating major penalty proceedings but did not seek approval for issuing the charge sheet from the disciplinary authority. The Court found no error in the Tribunal's conclusion that the charge sheet was issued without jurisdiction due to lack of approval. The Court upheld the Tribunal's order and granted liberty to the Petitioners to take appropriate action against the Respondent. In conclusion, the Court disposed of the writ petition in accordance with the above findings.
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