condition of
pending disciplinary proceedings
23. In order to find an answer as to whether there was any disciplinary
proceeding contemplated/pending against Dinesh Singh ... ultimate initiation of disciplinary proceedings by
issuing chargesheet, can it be said that disciplinary proceedings are
contemplated? The entire challenge before us is to find
prejudice so as to
authorise his suspension on mere contemplation of
disciplinary proceedings. [714 D-H]
Sub-rule (1) (a) of r. (3) empowers ... provides for suspension of
a Government servant pending disciplinary proceedings or
when a disciplinary proceeding is contemplated. This
phraseology has been retained in the corresponding
contemplated, shall be effective only if it is
accepted by the appointing authority,
provided that in the case of a contemplated
disciplinary proceeding the Government ... however, it is clarified that in the case of a
"contemplated disciplinary proceeding" the government
servant shall be informed before the expiry
guilty of wrongful withdrawal and retention of Society funds, hence, in contemplation of disciplinary enquiry, the petitioners have been placed under suspension by the District ... disciplinary enquiry or in a pending enquiry, and therefore, the order of suspension is vitiated in law. Unless there is a disciplinary enquiry contemplated
suspension was ordered by the 2nd respondent in view of the contemplated disciplinary action against the petitioner. The petitioner challenged these proceedings also ... punishment is imposed upon him and it only a suspension contemplating disciplinary proceedings under Rule 8(1 )(a) and the contention of the petitioner that
informed that his notice of resignation is rejected in view of contemplated disciplinary proceedings pending against him and further he was directed to report ... Bank's service is not accepted in view of the contemplated disciplinary action pending against you. You are advised to report for duties immediately
intimate the officially stated reason for my
suspension on grounds of contemplated disciplinary
proceedings, as stated in my Suspension Order No. 1858
dated ... reasons of suspension to an
employee, suspended on the grounds of contemplated
disciplinary proceedings after expiry of 90 days of his
suspension.
3. Kindly intimate
pending disciplinary proceedings. The regulations do not empower the respondents to pass an order of suspension only when a disciplinary proceedings is in contemplation ... appointing authority or the disciplinary authority has been empowered to place an employee against whom a disciplinary proceeding is either contemplated or is pending, under
disciplinary proceedings are contemplated
against the petitioner, however, further observing therein that
the charge-sheets in respect of the said contemplated
disciplinary proceedings were ... penalty may be imposed on the officer in all the three
contemplated disciplinary actions.
4. The Central Government, however, considered the prayer
of the petitioner
cannot be said that any disciplinary proceedings were pending against him. According to him, even no disciplinary proceedings were contemplated and the record would show ... instant case empowers the disciplinary authority to place the employee under suspension even when the disciplinary proceedings are contemplated. The case of Prabhu Dayal (supra
