Reference under Article 317(1)
Devnandan Sharma
(Querist) 25 October 2010
This query is : Resolved
Respect learned sirs,
I have posted a querry in the aforesaid matter on 22.10.2010 and received your answers. Sincere thanks for this.
In Birichh Bhuiyan Vs State of Bihar (AIR 1963 SC 1120, 1123) the Hon’ble Bench of four Hon’ble Justices of the Hon’ble Supreme Court had held that:
“A charge is not an accusation made or information given in abstract, but an accusation made against a person in respect of an act committed or omitted in violation of a penal law forbidding or commanding it.”
Further,in Union of India vs. Gyan Chand Chattar, paragraph 27, (Civil Appeal No. 4174 of 2003, dated 28.05.2009) this Hon’ble Court has held the following:
“where a delinquent is served a charge-sheet without giving specific and definite charge and no statement of allegation is served alongwith the charge-sheet, the enquiry stands vitiated as having been conducted in violation of the principles of natural justice.”
Kindly see the matter in this perspective and then suggest whether the statement that a person indulged in corrupt practices as detailed in elsewhere formulates a "charge" against him. I think unless the specific act of the person is not stated, no charge can be said to have been formulated. An abstract allegation that the person has coomitted theft can only be called a charge if it is promptly been stated what he has stolen. For complete formulation of a charge an abstract allegation must be read with its details.
Kindly make me benefited with your valuable suggestions.
Devajyoti Barman
(Expert) 25 October 2010
I think you have already elaborated enoguh the position of law in the above subject. Now whether the particular charge contains enough details or not is to be determined from the perspective of the peculiar facts of each case.
Devnandan Sharma
(Querist) 30 October 2010
Respected learned Mr. S.Subramanian,
My sincere thanks to you for giving your valuable opinion on the matter. It is very diconcerting that people who initiate proceedings of misconduct do not understand what is a 'charge'. What is even more disconcerting is that it becomes so difficult to show that a particular abstract remark against a person stated in the form of a press report is not a charge in legal sense.
May your tribe increase. Thank you once again. Devnandan Sharma
pawan sharma
(Expert) 02 November 2010
Dear,
if you want to answer to any perticular expert you may asked it through his PM not in open as you write at here.
