Petitioner was informed that in the wake
of contemplated disciplinary proceedings, his superannuation benefits
shall be withheld. Petitioner superannuated on 30.06.2007.
4. Challenging the show ... final adjudication in the criminal case and subject
to outcome of contemplated disciplinary action. Respondent initiated
departmental proceedings against the Petitioner by issuing a charge
applicant was previously placed under suspension w.e.f. 29.6.1999 (on contemplation of disciplinary proceedings for acquisition of properties disproportionate to his known source ... order was asked to be one issued at the stage of contemplation of disciplinary proceedings) does not reflect the real intention of the State Government
Annexure A-1 order dated
04.10.2010 on the ground of "contemplated disciplinary
proceedings", he was placed under suspension and said
suspension continues till ... Rules 1965 vide
Annexure A-1 on the ground of contemplated disciplinary
proceedings. The said suspension had been duly reviewed
periodically as per the Rules
order dated 04 - 10 -2010 on the ground of
"contemplated disciplinary proceedings", he was placed under suspension and
said suspension continues till date ... Rules 1965 vide
Annexure A-1 on the ground of contemplated disciplinary proceedings. The said
suspension had been duly reviewed periodically as per the Rules
passed by invoking powers under Rule 13 simply because a disciplinary proceeding is contemplated, or criminal case is under investigation or trial against a Government ... placing a public servant under suspension during or in contemplation of a disciplinary proceeding may be manifold and do not call for any exhaustive enumeration
submits that withholding of permission on the ground of pendency or contemplation of disciplinary proceedings is not permissible under the said Rule. He placed reliance ... also completed more than 30 years of qualifying service. Contemplated disciplinary proceedings is not a legally valid ground for rejecting the request for voluntary retirement
Rule 3(1) is applicable to cases
where disciplinary proceedings are contemplated or are pending against a
::: Downloaded on - 09/06/2013 ... place under suspension a member
of the Service, against whom disciplinary proceedings are
contemplated or are pending, that Government may--
(a) if the member
Kathiresan
Chief Health Officer
5 departmental disciplinary cases are pending and in two cases disciplinary
action is contemplated and enquiry into grave allegations is contemplated ... correctness of an order of suspension passed by the
appointing/disciplinary, authority/government, pending contemplation of the
charges/enquiry/investigation/trial, what is the extent
dated 18-12-1997,
Annexure 2, by the Respondent No. 2 contemplating
disciplinary proceedings against him, it was only in the
year 1999 vide Office
ordinary way.
13....Merely because the order mentioned that disciplinary proceedings were
contemplated against the respondent, as compared to Rule 7 which contains
phrases like ... should have interdicted the orders of suspension when the appointing
authority contemplated disciplinary proceedings or pending investigation into
the crime.
13.It is thus settled
