test of clause (i) to (iii) of proviso (a) to Article 351-A of the CSR.
9. Further, discarding the contention of the learned counsel ... purpose of the legal fiction created in Explanation (a) to Article 351-A of the CSR.
41. Under the circumstances, we find that the learned
constitute a grave misconduct or negligence or having caused loss to the Government justifying order under Article 351-A of CSR, the same would ... under:
15(3) Both Article 351-A and Article 470(b) will apply to a case where misconduct of a civil servant has resulted
such date. The cumulative effect of Explanation (a) to the proviso (a) to Regulation 351-A is that either the suspension order should be passed ... Article 300-A of the Constitution of India.
19. A plain reading of explanation(a) to the proviso (a) to Regulation 351-A leaves
made, to a civil court".
17. A bare perusal of the afore-quoted provision of Article 351-A of the CSR shows that once ... during re-employment. Thus, Article 351-A of CSR puts a prohibition of initiating the departmental proceedings in a case of retired government servant, however
351 A there cannot be a post facto sanction by His Excellency the Governor. It is also contended that considering the explanation to CSR 351 ... order dated 21.12.2020. The provision of CSR 351 A are categoric inasmuch as the proviso to 351 A specifically provides that where departmental proceedings
before retirement as per Clause (a) and sub Clause (i) thereunder of the proviso of Article 351-A CSR. In the instant case not only ... whether by virtue of first proviso i.e. (a) (iii) under Regulation 351-A of the CSR an order of dismissal from service
Radhey Shyam Singh vs State Of U.P. Thru Prin.Secy.Deptt.Of ... on 8
could not have been treated to be proceedings under Article 351-A CSR. Therefore, sanction order dated 31.08.1995 is of no legal consequence. Entire responsibility ... dismissal from service can be made. This is evident from Regulation 351-A CSR read in entirety alongwith proviso (a)(iii). This is what
initiated on such a belated stage even when the authority concerned took permission of proceedings under Regulation 351-A of the CSR.
10. Since ... support of his argument that sanction granted under Regulation 351-A of CSR would be valid if the sanction was granted for the alleged misconduct
period of four years to attract the proviso (a) (ii) under Article 351-A of the CSR. Moreover, Governor's sanction is required only ... whether by virtue of first proviso i.e. (a) (iii) under Regulation 351-A of the CSR an order of dismissal from service
