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In Absence of Disciplinary Authority, Charge Sheet becomes Non est

Case name: Union of India v. B.V. Gopinath, (2014) 1 SCC 351

In this case, the Supreme Court in view of the facts and circumstances of the case, clearly stated that in absence of approval of disciplinary authority, charge memo/charge-sheet becomes non estand hence is liable to be quashed.

It was further held that all decisions regarding approval, modification/amendment, dropping of charge memo have to be taken by disciplinary authority for initiation of disciplinary proceedings. Hence, disciplinary authority alone is required to exercise that power, otherwise, it would go against established maxim delegatus non potest delegare.

The entire case can be accessed here.



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