Disciplinary
Authority for a long time would amount to condonation of the acts of alleged
misconduct;
(vi) The disciplinary proceeding, being mala fide, is violated ... alia, in
contemplation of initiation of a disciplinary proceeding. It may be true that
no disciplinary proceeding was initiated against the Appellant, as a criminal
referred to and
considered, which are as under:
“34.2 Disciplinary proceeding, if instituted while the employee was in
service whether before his retirement or during ... Rule 34 (2) of the CDA Rules provides in case disciplinary
proceeding, if instituted while the employee was in service
whether before his retirement
been suspended (whether in connection with any
disciplinary proceeding or otherwise), and any other disciplinary
proceeding is commenced against him or her during the continuance ... under Rule 9(1)(a) in contemplation
of a disciplinary proceeding or while disciplinary proceeding is pending.
Under Rule 9(1)(b) the appropriate authority
order- (a) admit the application, if it is complete; [and no disciplinary proceeding is pending against the proposed resolution professional] [Inserted ... reject the application, if it is incomplete [or any disciplinary proceeding is pending against the proposed resolution professional] [Inserted
application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears
application under sub-section (2) is complete, and there is no disciplinary proceedings pending against the proposed resolution professional, it may, by order, admit such ... application under sub-section (2) is incomplete or any disciplinary proceeding is pending against the proposed resolution professional, it may, by order, reject such application
criminal court. Once the cardinal difference between a criminal proceeding and a disciplinary proceeding is kept in mind, there would be no scope ... dominant purpose of a criminal proceeding is to achieve the protection of the public while that in the disciplinary proceeding is purity and efficiency
Where a disciplinary proceeding against him is contemplated or pending :
Provided that, where a Government Servant against whom disciplinary proceeding is contemplated is suspended, such ... suspension has been resorted to on the ground of contemplated disciplinary proceeding, disciplinary proceeding has to be initiated against him within a period
that the notice given by the
Government servant against whom a disciplinary proceeding is
pending shall be effective only if it is accepted ... case of
"a contemplated disciplinary proceeding", but a case of
disciplinary proceeding which was already pending when the
respondent made the request
dispute in the information utility; and (e) there is no disciplinary proceeding pending against any resolution professional proposed under sub-section ... record of dispute in the information utility; or (e) any disciplinary proceeding is pending against any proposed resolution professional: Provided that Adjudicating Authority, shall before
