Rule 32, the
respondents would contend that, during the pendency of the
disciplinary proceedings, the disciplinary authority may withhold
payment of gratuity in accordance with ... entitled for disbursement of his
retirement benefits during the pendency of the disciplinary
proceedings, together with interest at the rate of 9% per annum
despite which he was not promoted in view of the pendency of disciplinary proceedings. On 2.8.1988, the G.C.M. was convened and, based ... petitioner was, however, not promoted in view of the pendency of disciplinary proceedings
which permits continuance of disciplinary proceedings even
after the final retirement of an employee, provided the
2
disciplinary proceedings are instituted while the employee ... pendency of the
disciplinary proceedings. It is submitted that Rule 34.2 of the
CDA Rules permits the disciplinary proceedings, if instituted
while the employee
power of compulsorily retirement is exercised either during the pendency of disciplinary proceedings or before a punishment is ultimately inflicted. A challenge on these lines ... order of compulsorily retirement comes to be made during the pendency of disciplinary proceedings, the Supreme Court in State of U.P. And another
power of compulsorily retirement is exercised either during the pendency of disciplinary proceedings or before a punishment is ultimately inflicted. A challenge on these lines ... order of compulsorily retirement comes to be made during the pendency of disciplinary proceedings, the Supreme Court in State of U.P. And another
conditions for initiation for disciplinary proceedings/judicial proceedings and the limitation within which such initiation of the proceedings can be done has been made explicit ... gratuity but to provisional pension during pendency of proceedings/enquiry.
65. We accordingly hold that during pendency of proceedings/enquiry government servant shall be sanctioned
persons against whom disciplinary proceedings are pending yet the pendency of disciplinary proceedings are not to be ignored altogether, and it is incumbent upon ... ground of pendency of proceedings against them. The non-consideration of the seniors on account of pendency of the disciplinary proceedings and promoting juniors temporarily
ground that the order having been passed during
the pendency of disciplinary proceedings must be deemed to
be penal in nature. This was so held ... Rule 56(j) (or other provision corresponding thereto) during
the pendency of disciplinary proceedings is necessarily
penal
still outstanding from the petitioner and in
view of the pendency of the disciplinary proceedings against
the petitioner, as per the decision of the Board ... 2016/09 & 29979/2014 32
selection post, the pendency of disciplinary proceedings was
not a prohibition or drawback to promote the petitioner
respondent,
even after his superannuation from service, because of the pendency
of disciplinary proceedings against him.
8. Before we proceed to answer this question ... permits the management to withhold the gratuity during the
pendency of the disciplinary proceedings. Rule 34.2 and 34.3 of the
CDA Rules are relevant
