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1 - 10 of 10 (0.31 seconds)Asit Biswas vs The State Of West Bengal on 25 April, 2023
10) Similarly, he has relied on another decision of the Hon'ble
division bench of this court reported in 2007 (2) LLN 852 (Amit
Biswas vs. State of West Bengal & Ors.), where the court has
been pleased to hold that a government servant who is facing a
criminal charge but released on bail, may not be suspended
unless such criminal charges are related to his official duties or
involves high moral turpitude on his part.
Ajay Kumar Choudhary vs Union Of India Thr Its Secretary & Anr on 16 February, 2015
27) The law in this regard has been well formulated by the Supreme
Court, in the case of Ajay Kumar Choudhary (supra).
Shri K. Jayaram vs Bangalore Development Authority Rep By ... on 8 December, 2021
28) Exercise of fraud by the petitioner and his coming to the court
with unclean hands, has been another limb of submission, on
behalf of the respondent authorities. In this regard, the
provision under regulation 11(iv), may again be looked into,
which has provided that an order of suspension shall not
deemed to be or construed as punishment, for any purpose
whatsoever, unless the guilt of the employee is proved by a duly
constituted disciplinary proceeding. Thus, before the advent of a
disciplinary proceeding against the writ petitioner, the
respondents cannot be allowed to take a plea of the petitioner
having committed misconduct or fraud and to act upon the
same. The ratio decided in the judgment of K. Jayaram and Ors.
(supra), would not come to the aid of the respondents, in this
regard. The entire discussion as above would culminate into the
sole and an inescapable conclusion that continuance of the
operation of the suspension order dated September 15, 2022,
against the writ petitioner any further, that too, without
initiation of any disciplinary proceeding, would be in utter
violation of rules, regulations and settled law in this regard.
O.P. Gupta vs Union Of India & Ors on 3 September, 1987
"8. The learned Senior Counsel for the appellant,
however, has rightly relied on a series of judgments of
this Court, including O.P. Gupta v. Union of India [(1987) 4
SCC 328 : 1987 SCC (L&S) 400 : (1987) 5 ATC 14] , where
this Court has enunciated that the suspension of an
employee is injurious to his interests and must not be
continued for an unreasonably long period; that,
therefore, an order of suspension should not be lightly
passed.
K. Sukhendar Reddy vs State Of Andhra Pradesh & Anr. on 5 April, 1999
9. Our attention has also been drawn to K. Sukhendar
Reddy v. State of A.P. [(1999) 6 SCC 257 : 1999 SCC (L&S)
1088] , which is topical in that it castigates selective
suspension perpetuated indefinitely in circumstances
where other involved persons had not been subjected to
any scrutiny. Reliance on this decision is in the backdrop
of the admitted facts that all the persons who have been
privy to the making of the office notes have not been
proceeded against departmentally.
State Of Andhra Pradesh vs N. Radhakishan on 7 April, 1998
10. So far as the question of prejudicial treatment
accorded to an employee is concerned, this Court in State
of A.P. v. N. Radhakishan [(1998) 4 SCC 154 : 1998 SCC
(L&S) 1044] has observed that it would be fair to make
this assumption of prejudice if there is an unexplained
delay in the conclusion of proceedings.
Union Of India & Ors vs Dipak Mali on 15 December, 2009
However, the
decision of this Court in Union of India v. Dipak
Mali [(2010) 2 SCC 222 : (2010) 1 SCC (L&S) 593] does not
come to the succour of the appellant since our inspection
of the records produced in original have established
that firstly, the decision to continue the suspension was
carried out within the then prevailing period
and secondly, that it was duly supported by elaborate
reasoning."
Sandipta Gangopadhyay vs Allahabad Bank & Ors on 21 April, 2015
25) In the judgment of Sandipta Gangopadhyay vs. Allahabad Bank &
Ors. reported in 2015 SCC OnLine Cal 5553 the Hon'ble Bench of
this Court has held by referring to the judgment of Ajay Kumar
Choudhary (supra) as follows :
Suman Roy Choudhury vs State Of West Bengal & Ors on 28 April, 2016
In this regard Mr
Mukherjee would rely on a division bench decision of this
Hon'ble court reported in (2007) 2 CHN 339 (Suman Roy
Chowdhury vs. State of West Bengal & Ors.).
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