good ground for going
ahead with the disciplinary enquiry even where the
disciplinary proceedings are held over at an
earlier stage. The interests of administration ... good ground
for going ahead with the disciplinary enquiry even
though the disciplinary proceedings were held over
at an earlier stage. It would
promoted but for the disciplinary/criminal
proceedings. However, there may be cases. where the proceed-
ings, whether disciplinary or criminal, are delayed at the
instance ... ceedings, whether disciplinary or criminal, are, for
example, delayd at the instance of the employee or the
clearance in the disciplinary proceedings or acquittal
seen that where the Inquiry Officer is other than the
disciplinary authority, the disciplinary proceedings break into two stages.
The first stage ends when ... disciplinary authority decides to impose penalty on the basis of its
conclusions. If the disciplinary authority decides to drop the disciplinary
proceedings, the second stage
criminal proceedings and disclipnary
proceedings. Indeed not only the said two proceedings, but
if found necessary, even a civil suit can also proceed
simultaneously ... good ground for going ahead with the
disciplinary enquiry even where the disciplinary
proceedings are held over at an earlier stage. The interests
of administration
interfere
unless issuance palpably without any authority of law.
Service law.
Disciplinary proceedings--Whether could be resumed
after superannuation.
HEADNOTE:
Article ... issue show cause notice to
the respondent. [450F; 452G]
5.2 If disciplinary proceedings against an employee of
the Government are initiated in respect of misconduct
they would have taken more than 12 years to initiate the
disciplinary proceedings as stated by the Tribunal. There is no
satisfactory explanation ... situations where there is delay
in concluding the disciplinary proceedings. Whether on that ground
the disciplinary proceedings are to be terminated each case
misconduct in his professional capacity by any authority entitled to institute disciplinary proceedings against him, an order passed by that authority shall have effect
Rule 5(1)(ix).
The Disciplinary Authorities are indicated in Rule 6. The
Authority which can institute disciplinary proceedings is
indicated in Rule 7.
Part ... enquiry proceedings. The enquiry proceedings would come
to an end only when the findings have been considered by the
Disciplinary Authority and the charges
this process, other officers who tried to intervene stood assaulted.
Disciplinary proceedings were initiated against the delinquent by
issuing a chargesheet dated 26.7.1991. After ... However, the direction for holding the
disciplinary proceedings de-novo was not altered.
3
5. In view of the Division Bench judgment and order dated
Words and Phrases: Misconduct-What constitutes to
attract punishment in disciplinary proceedings-Mene acts of
omission and commission or negligence in performance of
duty ... disciplinary measure by way of penalty, a clear case of
misconduct should have been established.
(d) In the context of disciplinary proceedings,
misconduct does
