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RAJA BASU CHOWDHURY
Man Mohan Kumar Sahu – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J:
1. The present writ petition has been filed, inter alia, challenging the order of suspension dated 17th February 2010, the charge sheet dated 16th February 2012, the findings of the enquiry dated 29th August 2012, the show cause notice dated 4th September 2012, the final order of punishment dated 23rd November 2012 and the order passed by the appellate authority dated 17th April 2013.
2. The petitioner, at the material point of time was an Assistant Sub-Inspector of Railway Protection Force (RPF) and was posted at RPF post, Howrah I, Eastern Railway. It is the petitioner’s case that by reasons of pendency of a criminal case and on account of judicial custody suffered by the petitioner on 19th September, 2009, he was served with an order of suspension dated 17th February, 2010, issued by the Senior Security Commissioner, RPF of the Eastern Railway whereby he was suspended with effect from 19th September, 2009. Subsequently, the petitioner was served with a charge sheet on 16th February 2012. On the basis of the said charge sheet, an enquiry was conducted which resulted in the final order of compulsory retirement dated 23rd November 2012. Although, an
The main legal point established in the judgment is that the direction contained in the order of suspension could not have been enforced as it was declared ultra vires and struck down for being viola....
The applicability of Fundamental Rules and the Railway Protection Force Act, 1957 to disciplinary proceedings, and the treatment of suspension period as suspension for all purposes.
The main legal point established in the judgment is the application of rule 54-B of the Fundamental Rules and the discretion of the Disciplinary Authority in justifying a suspension and determining e....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
The suspension order must be reviewed within 90 days as per Rule 10(7) of CCS (CCA) Rules, and the power of suspension should not be exercised in an arbitrary manner.
Criminal conviction enables disciplinary action under Rule 19 CCS(CCA) Rules for removal despite prior departmental penalty under Rule 14; deemed suspension under Rule 10(2)(b) valid from conviction ....
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
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