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
does not suggest that suspension can be ordered merely when disciplinary proceedings are contemplated. The language used in Sub-rules (4) to (7) also suggests ... made out against him Merely because the order mentioned that disciplinary proceedings were contemplated against the respondent, as compared to Rule 7 which contains phrases
appeal was against the suspension which was a
preliminary to contemplated disciplinary action which was
against the appellant in his judicial capacity for acts
Civil Servant-Suspension-If can be ordered in
contemplation of disciplinary proceedings.
HEADNOTE:
Serious allegations of corruption and malpractices had been
made against the respondent ... suspended by an order
which stated that disciplinary proceedings were contemplated
against the respondent.
On the question whether the suspension of a member
consulted the State Public Service
Commission because Article 320(3)(c) contemplated
disciplinary matters. There was no reduction in rank of the
respondent in that ... power to arrange day to day working
of the court but contemplates disciplinary jurisdiction over
the presiding Judge. This Court did not examine the
contentions
appellant was placed under suspension forthwith because a
disciplinary. proceeding against the appellant was
contemplated.
On 29 April, 1972 charges were served on the appellant ... arrange the
day-to-day working of the court but contemplates
disciplinary jurisdiction on the presiding Judge. The word
"control" includes something
punishment. An important
circumstance would be the fact that disciplinary action was
contemplated and taken. The form of the order is not by
itself conclusive
charges and the circumstances in any case the
Government which initiates any disciplinary
proceeding is satisfied that it is necessary
or desirable to place under ... involves
moral turpitude".
Rule 7 sub-rule (1) contemplates suspension when
disciplinary proceeding is initiated and the Government is
satisfied that it is necessary
date of hearing,
secondly, that no order can be made by the Disciplinary
Committee without giving him an opportunity, and thirdly
that he may appear ... individual complainant-in
fact ss. 35 and 36 do not contemplate any notice to the
complainant-but to find out whether there is any breach
E. P. Royappa vs State Of Tamil Nadu & Anr on 23 November, 1973
Equivalent
