Charge Sheet - DOC Download
Charge sheet is issued to an employee when an employee is involved in any type of misconduct or bad behavior with the office colleagues or if the employee is involved in theft of the company’s property or if he/she is absent from his duties or if he/she is not performing well. Dec 24, · The charge sheet pin-points the lapses of the employee. It is a document of indictment. The employee is called upon to explain properly or else the charges are deemed proved. But then the employee is not going to oblige and accept the facetimepc.co:
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Termination Letter - Hearing.
When to write charge sheet?
Copies of the Charge Sheet, the reply submitted by the Charge Sheeted employee in response to the said Charge Sheet are enclosed herewith for your ready reference. You are requested to conduct the Domestic Enquiry against the above named employee and submit your report to the management. The charge-sheet is merely a description of misconduct alleged or reported and not proved against the employee which requires proof of evidence and inquiry. By no means it should show that the disciplinary has already reached a conclusion. (h)The concerned employee must be given a reasonably sufficient time to explain the charges. Mar 28, · Dear Shekhar Pls. find below a sample of general charge sheet. Regards Rahul To XYZ , sector – 46 Gurgaon (HR) It is reported against you that on 28/03/09 at pm when you came to serve your duty in B shift, the security guard said to you that you are coming late daily, then you got furious and started abusive language to him.(Mention Abusive language), tu mujhe late aane se rokne .
In order to constitute an F. C two conditions are supposed to fulfilled:. In other words F. R is the initial stage where all the information regarding the offence is gathered. In one of the Judgement, the Madhya Pradesh High Court has observed that the report of the crime which is persuading the police machinery towards starting the investigation is an F. In Gulshan Kumar v. State, it was held that though an FIR is not a substantive piece of evidence, it can be used to corroborate or contradict the statement of maker thereof and also to judge the trustworthiness of the prosecution story.
For the purpose of summoning a person whose name is mentioned in the FIR but has not been charge-sheeted, the FIR can be taken into consideration because it is evidence at that stage. Where the FIR was registered on the basis of a written complaint submitted to the police and there was no mention of the presence of some persons as eye-witnesses in it, it was held that the presence of those eye-witnesses was rightly disbelieved.
In Damodar v. State of Rajasthan, it was held that the information conveyed to the Police on telephone and the entry was though made will not constitute an FIR under section of Cr. A charge sheet is distinct from the First Information Report FIR , which is the core document that describes a crime that has been committed. It usually refers to one or more FIRs and charges an individual or organization for some or all of the crimes specified in those FIR s.
Once the charge sheet has been submitted to a court of law, prosecution proceedings against the accused begin in the judicial system. It was also held, in matters of personal liberty, we cannot and should not be too technical and must lean in favor of personal liberty. It must be realised that the said proviso was introduced in the Code by way of enlargement of time for which the arrested accused could be kept in custody.
Since Section does not empower cancellation of the bail, the power to cancel the bail can only be traced to Section 5 or Section 2 of the Code. The bail can then be cancelled on considerations which are valid for cancellation of bail granted under Section 1 or 2 or Section 1 of the Code. No case for grant of bail will be made out under section 2 of the Code if charge sheet is filed before the expiry of 90 days or 60 days, as the case may be, from the date of first remand.
The right of default bail is lost, once charge sheet is filed. Default bail is a sort of a rap on the knuckles of the police for not completing the investigation and filing the final report within 90 or 60 days of first remand of the accused.
However, for the failure of a Judge to pass a formal judicial order of extension of remand on the application of the prosecution, default bail is not the remedy. Such a ground for bail cannot be founded either under section 2 or section of the Code.
Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Toggle navigation.
Home Explore. What is First Information Report? Based on information so provided the investigation started. R can also be registered by the Judicial Magistrate by giving the direction to the concerned jurisdictional area of the Police Station. Section Information in cognizable cases Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
Shall be given forthwith, free of cost, to the informant. Who can File F. R: Victim of the offence, or family member or the Friend of the victim, or Any person who witnessed the offence, or The person who has committed the offence, or A police officer, or Any other person who has come to know about such an offence.
C two conditions are supposed to fulfilled: What information is conveyed by the Victim of the offence must be an information only; That the information so provided must relate to the commission of a Cognizable Offence only. Evidentiary value of F. R is not substantive evidence in nature. It can be used as corroborative or contradictory evidence. R is not an encyclopedia when, where, what, who, why but it contains necessary information.
What Is Zero F. Zero F. With the help of zero F. When in trouble men and women will be benefited equally. In Zero FIR, any police station can register FIR irrespective of the jurisdictional area but the investigation will be taken up by the police in the place of occurrence reported in the FIR.
The police station registers the zero FIR marking it the serial number 0 and transfers it to the respective jurisdictional area which can carry out the investigation. The sanctity of the legal process remains the same in zero FIR. It is very helpful for people as it facilitates them and takes away the inconvenience of searching for the right police station for lodging the FIR.
But it was weak to make much of the homelands population aware of. Ramachand Reddy v. As per functional knowledge, every FIR must be registered filed promptly, expeditiously and without wasting any time. There may be a circumstance where some authorization of time may be given in filing the FIR. But there must be some convincing reasons for the delay in filing the FIR under the compelling circumstances. Judges with a lot of sanity and experience can use their discretion judiciously and in the interest of justice in each and every case.
However, no possible duration test of time can be fixed for applying the test of reasonableness to the lodging of an FIR; it depends upon facts and circumstances of each case. The delay in lodging the FIR as such is not lethal in law if the prosecution substantiated lodging the report.
Record not recorded after several days of commencement of an offence. Records not recorded immediately but recorded after the questioning of witness is done The information recorded is not about the occurrence of cognizable offence but only cryptic form message is recorded in the form of an appeal for immediate help.
Complaint made directly to Magistrate. Information is given to Magistrate or police Officer on phone. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week.
It must disclose reasons in brief for closing the complaint and not proceeding further. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. The category of cases in which preliminary inquiry may be made are as under: a.
Commercial offences c. Medical negligence cases d. Corruption cases e. Cases where there is abnormal delay in initiating criminal prosecution, for example, over3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.
The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. The fact of such delay and the causes of it must be reflected in the General Diary entry.
You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made. You can file a private complaint before the court having jurisdiction.
You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police do nothing to enforce the law or investigate the offence but in a biased and corrupt manner.
Yes, there are alternate steps to filing an FIR, for women. They have counseling, legal and research arms to tackle issues of violence and discrimination against women. The complaints they receive include but are not limited to domestic violence, harassment, dowry, torture, desertion, bigamy, rape and refusal to register FIR, cruelty by husband, derivation, gender discrimination and sexual harassment at the workplace.
Action taken by the NCW on receipt of complaints Counseling: Counseling services are provided to the aggrieved and she would be told about the status of law and various options available to her. Resolution through alternative methods: the NCW through its panel of experts would arrange for the mediation between the parties In certain cases, the victim may choose to settle the matter with the perpetrator of the crime.
A charge sheet is filed; witnesses are called and interrogated as required. The documents are filed with the FIR and the sessions court takes over from there. What Is Charge Sheet? Charge sheet refers to a formal police record showing the names of each person brought into custody, the nature of the accusations, and the identity of the accusers. It is also known as four-part charging instrument containing: Information about the accused and the witnesses; the charges and specifications; the preferring of charges and their referral to a summary; For the trial record.
Section Report of police officer on completion of investigation Every investigation under this Chapter shall be completed without unnecessary delay. The time limit to file charge sheet is related to arrest of the accused in the case.
The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions. For instances- FIR is filed against a person A. But that person could not be traced and arrested for many months or even years for the offence of murder.
The investigation is closed after best efforts fail to trace the accused within couple of months. His name is kept on Wanted accused Register. Say, he is traced and arrested after two years after filing the FIR against him. Then the time limit comes into play. Charge sheet has to be filed as stated above as the case may be. In Rakesh Kumar Paul  case, where accused was charged with offence under Section 13 1 of the Prevention of Corruption Act being punishable with imprisonment for a term which shall be not less than four years but which may extend to ten years , the State argued since the petitioner could face imprisonment that could extend up to 10 years; the date for applying for default bail would commence on the expiry of 90 days.
However, Justice Madan Bhimarao Lokur of Supreme Court held that the petitioner had satisfied all the requirements of obtaining Default Bail he had put in more than 60 days in custody pending investigations into an alleged offence not punishable with imprisonment for a minimum period of 10 years, no charge sheet has been filed against him and he was prepared to furnish bail for his release, as such, he ought to have been released by the High Court on reasonable terms and conditions of bail.
Justice Deepak Gupta of Supreme Court further held that Section 2 a i of the CrPC is applicable only in cases where the accused is charged with: offences punishable with death and any lower sentence; offences punishable with life imprisonment and any lower sentence and offences punishable with minimum sentence of 10 years; in all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment, then Section 2 a ii will apply and the accused will be entitled to grant of default bail after 60 days, in case charge-sheet is not filed.
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