from service under the rules for his
misconduct. It was held that Court Martial proceedings and
disciplinary proceedings deal with different aspects
place, late Shri. Ramlakhan Tripathi was
neither charged nor were any disciplinary proceedings initiated
9 of 18
::: Uploaded on - 07/04/2016 ::: Downloaded ... never charged Narain Lal
with such misconduct whilst he was in service and no disciplinary
proceedings were ever held against him during his lifetime (para
from service under the rules for his
misconduct. It was held that Court Martial proceedings and
disciplinary proceedings deal with different aspects
proving the charge of misconduct against them is much stricter
than that would be required in disciplinary proceedings conducted against
an employee. He submits that
from service under the rules for his
misconduct. It was held that Court Martial proceedings and
disciplinary proceedings deal with different aspects
abandoned the enquiry proceedings and had deliberately chosen
to remain absent during the enquiry proceedings inspite of notices having
being received from time to time ... opportunities provided to him in a disciplinary proceedings
of defending himself against the charges of misconduct involving his
integrity and dishonesty, cannot be permitted
committed several misconducts
of grave and serious nature and therefore, is not reporting for
duties for the fear of suffering disciplinary proceedings and
the appeal ... that the Employee has
committed grave and serious misconducts and in order to avoid the
disciplinary proceedings, he is not remaining present.
8 During
criminal
proceedings is of a very high degree in comparison to the
evidence which is to be appreciated in disciplinary proceedings.
The disciplinary proceedings ... employer and has initiated disciplinary proceedings against the
petitioner, irrespective of the outcome of the proceedings under
Section 156(3) , or the framing
well settled that the departmental proceedings and
proceedings in a criminal case can proceed simultaneously as there
is no bar in their being conducted simultaneously ... prosecution. The same is not the case in the disciplinary
proceedings. The disciplinary proceedings cannot and should not be
delayed unduly. If the criminal case
that the
charges stood proved. Admittedly the Inquiry Officer did not, merely
proceeded on the admission of the charges by the Petitioner, which he
could ... into misconduct as alleged in the chargesheet
and recorded that the charges against the Petitioner stood proved. This is
sufficient for the disciplinary authority