The Thuruthipuppuram Service ... vs V.R.Antony on 3 August, 2023
Author: Alexander Thomas
Bench
against whom such
proceedings are started. The words 'which initiates any
disciplinary proceedings' and 'against whom Rich proceedings
are started ... been suspended,
whether in connection with any disciplinary
proceeding or otherwise, and any other
disciplinary proceedings, is commenced against
him during the continuance of that
guilty of alleged misconduct.
24. It is also clear that the disciplinary proceedings commence before the State Bar Council or the Bar Council of India ... India opined as under (at p. 394 of AIR) :
"The disciplinary proceedings commence both before the State Bar Council and the Bar Council
disciplinary authority is the first step for initiation of a disciplinary authority. Unless and until, therefore, a charge sheet is drawn up, a disciplinary proceedings ... initiation of a disciplinary proceedings. We have noticed in paragraph 15 of our judgment that ordinarily no disciplinary proceedings can be continued in absence
Supreme Court held that :
"the disciplinary proceedings commence only when a
charge sheet is issued. In UCO Bank v. Rajinder Lal
Capoor reported ... quarrel with the settled legal
proposition that the disciplinary proceedings commence only
when a charge-sheet is issued to the delinquent employee
that about 16 years have elapsed since the date of
commencement of disciplinary proceedings, more
particularly, when the appellant alone cannot be held
responsible ... charge sheet itself and
commencement of disciplinary proceedings, there is no
question to proceed further in the disciplinary
proceeding. In these circumstances, as observed
suspension during disciplinary proceedings. Sub-rule (1) of this rule on its plain reading empowers the Government, which initiates any disciplinary proceedings, on being satisfied ... fact commenced and not merely when they are contemplated An order of suspension before the actual initiation or commencement of disciplinary proceedings appears
provisions
came into force. There was no question of the commencement of
disciplinary proceedings prior to 1st December 2006 even under the
unamended Section ... fact no disciplinary proceedings are "initiated" by the DC. In the
instant case the disciplinary proceedings against the Petitioner were
initiated, with
that two enquiries are conducted in departmental disciplinary
proceedings, is incorrect. The departmental disciplinary proceedings enquiry
commences only after issuance of charges under Rule ... enquiries are conducted in
departmental disciplinary proceedings. As rightly pointed out by the second
respondent, the departmental disciplinary proceedings commences only
when charges are framed
that about 16 years have elapsed since the date of
commencement of disciplinary proceedings, more
particularly, when the appellant alone cannot be held
responsible ... charge sheet itself and
commencement of disciplinary proceedings, there is no
question to proceed further in the disciplinary
proceeding. In these circumstances, as observed