Search Results Page
Search Results
1 - 10 of 24 (0.37 seconds)
Date: Shri Moirangthem Sushil Singh vs The State Of Manipur Through The ... on 18 August, 2022
cites
Union Of India & Anr vs Ashok Kumar Aggarwal on 22 November, 2013
32. As per the dictum laid down by the Hon'ble
Supreme Court in the case of Union of India v. Ashok Kumar
Aggarwal, supra, long period of suspension does not make the
order of suspension invalid and even if a criminal trial or enquiry
takes a long time, it is ordinarily not open to the Court to interfere
in case of suspension as it is in the exclusive domain of the
competent authority who can always review its order of
suspension being an inherent power conferred upon them by
the provisions of Article 21 of the General Clauses Act, 1897
and while exercising such power, the authority can consider the
case of an employee for revoking the suspension order, if
satisfied that the criminal case pending would be concluded
after an unusual delay for no fault of the employee concerned.
Article 21 in Constitution of India [Constitution]
Ajay Kumar Choudhary vs Union Of India Thr Its Secretary & Anr on 16 February, 2015
33. From the legal prescription propounded by the
Hon'ble Supreme Court in the case of Ajay Kumar Choudhury
v. Union of India and others, supra, it is seen that the currency
WP(C) No. 226 of 2022
P a g e | 32
of a suspension order should not extend beyond three months
if within this period the memorandum of charges/charge-sheet
is not served on the delinquent officer/employees.
The General Clauses Act, 1897
Jayrajbhai Jayantibhai Patel vs Anilbhai Jayantibhai Patel And Ors on 11 September, 2006
In Jayrajbhai Jayantibhai Patel v. Anilbhai
Nathubhai Patel [(2006) 8 SCC 200] this Court
explained: (SCC p. 209, para 18)
"18. Having regard to it all, it is manifest that
the power of judicial review may not be
exercised unless the administrative decision is
illogical or suffers from procedural impropriety
or it shocks the conscience of the court in the
sense that it is in defiance of logic or moral
standards but no standardised formula,
universally applicable to all cases, can be
evolved. Each case has to be considered on
its own facts, depending upon the authority
that exercises the power, the source, the
nature or scope of power and the indelible
effects it generates in the operation of law or
affects the individual or society. Though
judicial restraint, albeit self-recognised, is the
order of the day, yet an administrative decision
or action which is based on wholly irrelevant
considerations or material; or excludes from
consideration the relevant material; or it is so
absurd that no reasonable person could have
arrived at it on the given material, may be
struck down. In other words, when a court is
satisfied that there is an abuse or misuse of
power, and its jurisdiction is invoked, it is
WP(C) No. 226 of 2022
P a g e | 14
incumbent on the court to intervene. It is
nevertheless, trite that the scope of judicial
review is limited to the deficiency in the
decision-making process and not the
decision."
The State Of Himachal Pradesh vs Kiran Himral C/O Shusheel Thakur Etc. on 11 April, 2016
24. Long period of suspension does not make
the order of suspension invalid. However,
in State of H.P. v. B.C. Thakur [1994 SCC
(L&S) 835 : (1994) 27 ATC 567] , this Court
held that where for any reason it is not possible
to proceed with the domestic enquiry the
delinquent may not be kept under suspension.
Union Of India (Uoi) And Ors. vs Udai Narain on 30 March, 1998
25. There cannot be any doubt that the 1965
Rules are a self-contained code and the order
of suspension can be examined in the light of
the statutory provisions to determine as to
whether the suspension order was justified.
Undoubtedly, the delinquent cannot be
considered to be any better off after the
charge-sheet has been filed against him in the
court on conclusion of the investigation than
his position during the investigation of the case
itself. (Vide Union of India v. Udai
Narain [(1998) 5 SCC 535 : 1998 SCC (L&S)
1418] .)
WP(C) No. 226 of 2022
P a g e | 15
State Of Madhya Pradesh And Ors. vs Shardul Singh on 2 December, 1969
26. The scope of interference by the Court with
the order of suspension has been examined by
the Court in a large number of cases,
particularly in State of M.P. v. Shardul
Singh [(1970) 1 SCC 108] , P.V. Srinivasa
Sastry v. Comptroller & Auditor
General [(1993) 1 SCC 419 : 1993 SCC (L&S)
206 : (1993) 23 ATC 645] , ESI v. T. Abdul
Razak [(1996) 4 SCC 708 : 1996 SCC (L&S)
1061] , Kusheshwar Dubey v. Bharat Coking
Coal Ltd. [(1988) 4 SCC 319 : 1988 SCC
(L&S) 950] , Delhi Cloth & General Mills
Ltd. v. Kushal Bhan [AIR 1960 SC 806], U.P.
Rajya Krishi Utpadan Mandi
Parishad v. Sanjiv Rajan [1993 Supp (3) SCC
483 : 1994 SCC (L&S) 67 : (1993) 25 ATC
764] , State of Rajasthan v. B.K.
Meena [(1996) 6 SCC 417 : 1996 SCC (L&S)
1455] , Prohibition and Excise Deptt.
P.V. Srinivasa Sastry And Others vs Comptroller And Auditor General And ... on 11 December, 1992
26. The scope of interference by the Court with
the order of suspension has been examined by
the Court in a large number of cases,
particularly in State of M.P. v. Shardul
Singh [(1970) 1 SCC 108] , P.V. Srinivasa
Sastry v. Comptroller & Auditor
General [(1993) 1 SCC 419 : 1993 SCC (L&S)
206 : (1993) 23 ATC 645] , ESI v. T. Abdul
Razak [(1996) 4 SCC 708 : 1996 SCC (L&S)
1061] , Kusheshwar Dubey v. Bharat Coking
Coal Ltd. [(1988) 4 SCC 319 : 1988 SCC
(L&S) 950] , Delhi Cloth & General Mills
Ltd. v. Kushal Bhan [AIR 1960 SC 806], U.P.
Rajya Krishi Utpadan Mandi
Parishad v. Sanjiv Rajan [1993 Supp (3) SCC
483 : 1994 SCC (L&S) 67 : (1993) 25 ATC
764] , State of Rajasthan v. B.K.
Meena [(1996) 6 SCC 417 : 1996 SCC (L&S)
1455] , Prohibition and Excise Deptt.