A charge sheet at best is a statement of presumption. It is a hypothesis based on what is believed to be a prima facie possibility. It does not qualify as a document corroborating conclusive facts, but it merely states allegations. The disciplinary authority in the text of charge sheet does not assert that the charged officer has committed specific act(s) of misconduct. He merely repeats what is alleged against the charged officer, and feels that prima facie these may be true. But still it is a once-sided version.
It is therefore necessary to conduct a bonafide inquiry "to hear the other aside" to arrive conclusively at the truth. The report of the inquiry officer, submitted after a properly conducted inquiry is a fact finding inquiry. However even here it may not be a finding of 100% accuracy. This is because the "other side" may not have been heard properly. Recognizing this the disciplinary authority is vested with the responsibility to review the report of the inquiry officer and come to his appropriate, but independent conclusions, if needed. At this stage the orders of the disciplinary authority may be deemed final.
But then the system of conducting departmental inquiry still feels that there may be errors of judgement even at the level of the disciplinary authority and as a further safeguard has provided the remedies of Appeal and Review.
In spite of this, if the charged officer feels that he has not received a fair deal anywhere in the departmentally conducted proceedings, he can further knock the doors of the CAT/judicial court. And the judiciary is ever willing and ready to give him a fresh hearing and a fresh look into the disciplinary case.
A charge sheet is therefore a document probably with erroneous content. Why is this happening?
A charge sheet may suffer due to deficiency in the stage of investigation. A subjective approach by anyone connected therewith would lead to hasty and incorrect conclusions and consequently, materially unsustainable allegations may be leveled. There may also be wrong interpretation of the facts collected, though the basic facts themselves may be correct.
To crown all these, there are painful tales of malice, malafide charge sheets aimed at settling personal scores and to victimize officers based on extraneous considerations. In the contemporary environment and this lead frequent misuse of the tool of issuing charge sheets and conducting departmental inquiries.
