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prof s c pratihar ( urologist &legal studies)     07 September 2008

revocation of order of suspension

dear members; pls give yr valuable openion whether revocation of order of suspension  of a govt servant is mandatory after being exohonerated by court of law? drscpratihar


 6 Replies

N.K.Assumi (Advocate)     07 September 2008

Once it is exonerated suspension order can not continued even if appeal is pending against the exonerated order.

Rajesh Kumar (Advocate)     07 September 2008


Merely because a person is being exnorated in a criminal court, it does not mean no disciplinary action can be taken, as both the proceedings are independent of each other and standard of proof required in both the proceedings are different (preponderance of probablity & beyond reasonable doubt).

Further, exoneration can be on technical ground like limitation, absence of sanction etc. which will not affect the disciplinary proceedings.

However, if the exoneration is on factual aspect, and the court has exonerated the person after appreciating the evidence- it does become an important fact in support of the employee. 

N.K.Assumi (Advocate)     07 September 2008

Rajesh is right, but the word used by Dr.S.C.Pratihar, is exonerate and on that basis I have given my opinion.

prof s c pratihar ( urologist &legal studies)     07 September 2008

dear mr assumi , when a civil court grant decleration us34 specific relief act with all arrear dues whether a speaking order for revocation of suspension is mandatoryor not when state does not prefer any appeal and the decree becomes absolute ?drscpratihar

N.K.Assumi (Advocate)     08 September 2008

If a declaration is issued then an employee is entitled to back wages as a logical consequence of declaration of the Court. As Lord Denning stated that the order of declaration is preferable in many respect to Certiorari. Thus declaration that termination order is illegal is that the employee is deemed to continue in service in the eye of law as if  no termination order was passed and amount to restoration of status quo ante. And employee should be given his pay and salary during the period covered by the declaration.

                                                      Under section 34 of the Soecefic relief act the party is bound to claim for consequential relief and this object is to avoid multiciplity of suits,as party may seek a declaration in one court and another relief in another court. The principle reasons is that party should not seek useless declaration.

prof s c pratihar ( urologist &legal studies)     08 September 2008

thanks, question is resolved by mr Assumi. drscpratihar

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