LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sushil Wagh (LAW STUDENT)     21 January 2010

SUSPENSION FROM DUTY

ONE OF MY COLLEGUES HAS BEEN SUSPENDED FROM SERVICE CENTRAL GOVERNMENT INSTITUTION.

A.   UNDER WHAT CIRCUMSTANCES CAN A CENTRAL     GOVERNMENT EMPLOYEE B SUSPENDED

B.  3 SHOW CAUSE NOTICES HAVE BEEN ISSUED TO HIM EACH OF DIFFEREMT CASES, WITH MAJOR PENALTY, ON SUBSEQUENT DATES ONE AFTER ANOTHER, IS THIS RIGHT?

HE IS LOCATED IN BOMBAY, CAN ANY ONE ADVISE HIM IN THIS MATTER AT THE EARLIEST



Learning

 14 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 January 2010

 WITHOUT KNOWING THE FACTS OF THE CASE AND SHOW CAUSE HOW CAN WE GUIDE YOU, PLS POST MORE DETAILS.

1 Like

P. Venu (Advocate)     21 January 2010

It appears that the member does not have the complete information. The disciplinary proceedings against Central Government employees are governed by the provisions of the CCS(CCA)Rules, 1965. Rule 10 provides for suspension. This is, generally, a prelude to the issue of chargesheet and inquiry under the provisions of Rle 14. Details could be had from any standard book on the subject. Swamy's Manual of Disciplinary Proceedings is recommended.

In the instant case it appears that the disciplinary proceedings have been completed and penalty has been imposed. Naturally, the question on the vires of suspension is not relevant at this stage.

P.Venu

1 Like

Sushil Wagh (LAW STUDENT)     21 January 2010

Cant post the details of the Show cause notices or replies because this foum can be accessed by any one.

the showcause notices have ben provided after the suspension and each has been dated one after the another.

I would like 2 provide the details, showcause notice and also the replies if email id's are supplied.

the esteemed members advice can well be posted here, please be kind enuf to help this collegeue of mine.

Sushil Wagh (LAW STUDENT)     21 January 2010

Also let me know uner what rules, modalities required can a government employee be suspended, is it a discretionary power by the Competent Authority or there are certain norns and requirements under which suspension can be done. Are there any remedial measures 4 the employee like approaching the courts and obtain a stay. Can an RTI application be filed to look into all the papers of suspension by the employee.  I thank the members who have replied t the above post.

P. Venu (Advocate)     22 January 2010

My e-mail id is venu_parameswaran@rediff.com &

postal address:

P.Venu

Assistant Salt Commissioner

2-1-45, Madhav Nagar

Pithapuram Road

Kakinada 533 003

Andhra Pradesh

Tel: 0884-2368861

Mob:094908 74561

1 Like

Sushil Wagh (LAW STUDENT)     22 January 2010

I would be obliged if the norms required for suspension are revealed and whether the papers related to suspension can be revealed through RTI, further if the norms have not been adhered to, can the employee approach to the greviences officer and are there any other remedial measures for the same.

With regards,

Sushil Wagh,

Sushilwaghlaw@gmail.com

hemant sharma (service)     22 January 2010

suspension is the discretion of the appointing authority if satisfied, that it is in the interest of the department, and public that the deliquent official is kept out of his position of power.
suspension can be done, both before serving charge sheet and after, both pending as well as after inquiry.
Ur friend should petition the appointing authority for subsisting allowance and apply for its enhancement after every 6 months.
Specific advice only after getting the details
sharmahemant_200@rediffmail.com

1 Like

Sushil Wagh (LAW STUDENT)     22 January 2010

Is the satisfaction arbitary or there r rules 2 it........can this power b misused and is there a appeal, can RTI help sumwhere.........

Sushil Wagh (LAW STUDENT)     23 January 2010

I am grateful to all the hep being posted here and hungry for more advise that can help my friend from the clutches of victimisation.

With regards,

Sushil Wagh

S.B.adil rahman (Legal Consultant )     31 January 2010

It is difficult to answer all the questions on this forum. To get a complete and better knowledge you can visit the personal web site of Shri R.Kanan on https://kannanpersonal.com/projects/inquiry/toc.html and study the complete process of the departmental enquiry and principles of violation of natural justice. Module: 8 on  Supplementary Guidelines - Functional Topics relating to Departmental Inquiries
Table of Contents and How to conduct & Defend Departmental Inquiry. Do not take a hasty decision. I think that the charge has been proved. At this stage you have to simply ensure that the disproportionate and shocking punishment is not awarded to the charged officer. Go to the court if he his shockingly punished or there is the gross violation of natural justice or other discrepencies like the element of departmental bias during enquiry or apprehension of real bias in inflicting punishment. The courts generally do not interfere in the departmental proceedings where the preponderence of probablity is required and not the strict law of evidence.

S.B.adil rahman (Legal Consultant )     31 January 2010

Please read  "Violation of principles of natural justice" and not "principles of violation of natural justice". Another thing is that importance of Procedure adopted in the Departmental proceeding also has to be examined.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 in Disciplinary Proceedings play very important role in arriving at the truth. This you can know from the records of the case

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Like

Sushil Wagh (LAW STUDENT)     01 February 2010

This is a wonderful portal you have mentioned I have gone through the same it is  very useful. Thank you very much  Mr S.B.ADIL RAHMAN. and wish you al the best in your future endevours.

With regards,

Sushil Wagh

S.B.adil rahman (Legal Consultant )     01 February 2010

https://indialawyers.wordpress.com/ is the another compact site for all the legal resources and issues. My friends and seniors are requested to go through the web site and opine as to in what manner this web site can help us. Please give a serious thought to the contents posted on the site  consisting on  CONSTITUTION, DEMOCRACY, JUDICIARY, JUSTICE, LEGAL LUMINARIES, LEGISLATURE, LIBERTY AND JUSTICE etc.

revanth (aa)     22 November 2010

This is revanth ,a false 498A Dowry case and DVC case was filed against me and my family . I have sent RTI Application to my father in law central government  organization (FL) asking about what action will be taken against my FL who indulge in giving or abet in giving dowry?

After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against central civil services( CCA) rules 1965. they have clearly mentioned that they also adopts central civil services conduct rules .

After that I had filed formal complaint to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that I have sent RTI asking about the action taken on my complaint .

After that a show cause/memo notice was issued to my FL to offer his comments against violation of employee conduct rules like Dowry Giving.I got reply to my RTI from my FL organization with a copy of his (FL ) comments on the show cause notice as...

with reference to letter datewd xxxx at para no xxx REVANTH (me) has wrongly stated that ,I have accepted giving gifts of gold,silver,dowry and othet house hold articles,the complaint is lodged by my daughter and the case is pending before the court as such the matter is subjudice.

The above mentioned allegations are false and baseless and they are not binding on me nor I am answerable to REVANTH ,as I am Law abiding citizen and respect and follow rules of our department.when the matter is pending before the court,REVANTH reserves his right to put forth his case and finding or outcome of these case can be taken to the concerened authorities,when the matter is subjudice REVANTH should be curtailed to resort to these kind of activities which also come in the way of conducting proper investigation as the kind of activities will result into tampering the evidenceswhere as the court is pnpowered and has got jurisdiction to deal legally only the out come of it is binding on a person and no complaint of this nature which do not have confide intention and are made only to gain personally by making use of legal procedure wrongfully should be returned.

I have sent Rti with following queries and answers i got are mentioned below  .PUBLIC INFORMATION OFFICER TRY TO MALAFIDE INFORMATION  for my RTI

1) what is  time needed as per law to finalize the required action on the status of  my application?

answer i got : No specific time prescribed

2} provide me the certified copies of action taken report on my application with ref no xxxx by your department till date?

answer i got :no action taken  report held .

Can any one please tell me what is time limit to take action on govt employee under the rule central civil services( CCA) rules 1965?

Can any one please tell me how to go about in this case...?

Can any one help me to frame this rti?

thanks

Revanth


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query