AI Overview...
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Disciplinary Proceedings in Service Law - Disciplinary proceedings are formal processes initiated against government employees or officers for misconduct or violation of rules. Regulations, such as the Banking Service Regulations 2010, outline procedures including initiation, evidence, and penalties like dismissal, even post-retirement, with provisions for appeals and continuation of proceedings Sachchida Nand Sahay VS Chairman, Uttar Bihar Gramin Bank - Patna.
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Authority and Procedure - Management authorities, such as Managing Directors, are empowered to issue charge-sheets against employees, including those on deputation. Rules like Rule 17 specify the process for suspension and disciplinary actions against deputed staff. Disciplinary proceedings can be initiated without requiring prior suspension, provided minimal principles of natural justice are followed Ramakanth Hebballi, Bangalore VS State of Karnataka - Karnataka, Kunti Devi @ Kunti Kumari VS State of Bihar - Patna.
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Tribunal for Disciplinary Proceedings - Disciplinary cases may be adjudicated by specialized tribunals, such as the Andhra Pradesh Civil Services Disciplinary Proceedings Tribunal, established under the 1960 Act and 1961 Rules. These tribunals are not bound by technical rules of evidence applicable in courts, and their jurisdiction includes handling joint trials and cases involving multiple employees. Proceedings before these tribunals are governed by principles of natural justice, ensuring fair opportunity for defense R. DE SEQUAIRA VS GOVERNMENT OF ANDHRA PRADESH - Andhra Pradesh, M. Balagangadhara Sastry VS State Of A. P. - Andhra Pradesh.
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Legal and Constitutional Aspects - Under Article 226 of the Constitution, civil servants can seek judicial review of disciplinary orders, including orders of removal or suspension. The courts have held that disciplinary proceedings can be initiated and conducted even during ongoing criminal cases, provided principles of natural justice are observed. Orders passed after retirement can also be challenged if procedural violations are established P. Ananda Rao VS Registrar, A. P. Administrative Tribunal, Hyderabad - Andhra Pradesh, MAHALINGA VS D. G. OF POLICE - Karnataka.
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Impact of Suspended Sentences and Classification - Disciplinary actions can be influenced by criminal convictions, but proceedings are not necessarily delayed pending criminal outcomes. The classification of employees under specific rules, such as Rule 5(b) of the Madras Civil Services Rules, determines the tribunal's jurisdiction. Tribunals are not courts, and their procedures do not require strict adherence to criminal trial rules, emphasizing fairness and natural justice instead M. V. JOGARAO VS State OF MADRAS (NOW ANDHRA) REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, KURNOOI - Andhra Pradesh, K. Satyanarayana VS State Of A. P. - Andhra Pradesh.
Analysis and Conclusion:
Disciplinary proceedings in service law are structured processes designed to ensure fair treatment of government employees while maintaining discipline. They involve specific regulations and are often adjudicated by specialized tribunals that prioritize natural justice over strict legal technicalities. Proceedings can be initiated at various stages, including post-retirement, and can be influenced by criminal cases, but must adhere to principles of fairness. The legal framework provides mechanisms for employees to challenge disciplinary actions through courts and tribunals, safeguarding their rights while upholding administrative discipline Sachchida Nand Sahay VS Chairman, Uttar Bihar Gramin Bank - Patna, Ramakanth Hebballi, Bangalore VS State of Karnataka - Karnataka, R. DE SEQUAIRA VS GOVERNMENT OF ANDHRA PRADESH - Andhra Pradesh, P. Ananda Rao VS Registrar, A. P. Administrative Tribunal, Hyderabad - Andhra Pradesh.
Search Results for "Disciplimary Proceeding"
2022 0 Supreme(Pat) 494 • India - Patna
P. B. BAJANTHRI
Service Law–Banking Service–Disciplinary Proceeding–Regulations, 2010–Regulation No.s 1(3), 39, 43, 45 ( ... 1) and 45 (3)– punishment of dismissal after retirement–petitioner working as Branch Manager when the proceeding was initiated–he ... 29.06.2013–however, order of dismissal passed after retirement and confirmed in appeal–Regulations, 2010 provides for continuation of disciplinary ... That it is stated that according to the provision of Regulation 45 (3) the officer or employee, against whom disciplinary#....
2011 0 Supreme(Kar) 606 • India - Karnataka
A.N.VENUGOPALA GOWDA
duty in supply of iron ore - Managing Director was empowered to issue charge-sheet against employee on deputation to company - No disciplinary ... ... Rule 17, which makes provision for suspension or disciplinary proceeding against an employee, who is on deputation to the Company, reads as under: ... a) Where an order of suspension is made or Disciplinary Proceeding is taken against an employee, who is on ... It has also been held that, an act of instituting a disciplinary #HL_START....
• India - Andhra Pradesh
GOPAL RAO EKBOTE, LAKSHMAIAH
TRIBUNAL FOR DISCIPLINARY PROCEEDINGS - ANDHRA PRADESH CIVIL SERVICES (DISCIPLINARY PROCEEDINGS TRIBUNAL) ACT, 1960 - RULES, 1961 ... Whether the technical rules of evidence are applicable to proceedings before the Tribunal for Disciplinary Proceedings? 2. ... The court held that the technical rules of evidence are not applicable to proceedings before the Tribunal for Disciplinary Proceedings ... The proc....
2002 0 Supreme(AP) 168 • India - Andhra Pradesh
V.ESWARAIAH, B.SUDERSHAN REDDY
Constitution of India - Article 226 - Andhra Pradesh civil Services (Disciplinary Proceedings tribunal) ... Supreme Court -Petitioner accordingly prays for grant of appropriate consequential orders setting aside order of removal issued in proceedings ... C), dated 22-5-78. (2-A) Where two or more Government servants are concerned in any case, the government may make an order directing that disciplinary proceeding against all of them may be taken in a common proceeding; and thereupon th....
1970 0 Supreme(AP) 122 • India - Andhra Pradesh
C.KONDAIAH
TRIBUNAL FOR DISCIPLINARY PROCEEDINGS - JOINT TRIAL - JURISDICTION - PROCEDURE - PRINCIPLES OF NATURAL JUSTICE - PREJUDICE - WRIT ... PETITION - QUASHING OF ORDER DIRECTING JOINT TRIAL: Whether the Tribunal for Disciplinary Proceedings has jurisdiction to club two ... Fact of the Case: Petitioner, a Government servant, challenged the order of the Tribunal for Disciplinary Proceedings ... Rule 7 of the Andhra Pradesh Civil services (Disciplinary Proceedings....
2012 0 Supreme(Pat) 697 • India - Patna
R.M.DOSHIT, BIRENDRA PRASAD VERMA
Service Law–Disciplinary Proceeding–Bihar State Nationalized Elementary School Teacher (Transfer and Disciplinary Proceeding) Rules ... proceeding is not required, nevertheless, compliance with the minimal principles of natural justice is sine qua non–Petition allowed–Impugned ... given an opportunity of defence, the order of punishment cannot be sustained–True, for imposition of minor punishment, on elaborate disciplinary ... Sub-rule (1) of Rule 8 opens with the words “Subject to #HL....
1959 0 Supreme(Ori) 11 • India - Orissa
R.L.NARASIMHAM, G.C.DAS
conducted by the Administrative Tribunal under the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951. ... DISCIPLINARY PROCEEDINGS - ADMINISTRATIVE TRIBUNAL RULES - VALIDITY - CHARGES AGAINST NON-GAZETTED GOVERNMENT SERVANT - RULES ... Finding of the Court: The Court held that the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951, in so ... In a departmental proceeding the, delinquent Government servant is not entitled, as of right, to be r....
1972 0 Supreme(AP) 174 • India - Andhra Pradesh
A.V.KRISHNA RAO
PENSION CODE - ART. 351-A - ANDHRA PRADESH CIVIL SERVICES ( DISCIPLINARY PROCEEDINGS TRIBUNAL ) ACT, 1960 - ACT II OF 1960 - NO ... the Case: The appellant, a police sub-inspector, was placed under suspension and charges were framed against him by the Disciplinary ... Provided that :-- (a) Such departmental proceedings, if instituted while the officer was in service, whether before his retirement or during his re-employment shall, after the final retirement of the officer, be deemed to be a proceeding ....
1982 0 Supreme(Kar) 241 • India - Karnataka
RAMA JOIS
Effect of suspended sentence on disciplinary action 2. ... Rule 9 permits disciplinary action based on conduct leading to conviction. ... The court also emphasized that the disciplinary authority had the power to take action based on the conduct leading to the conviction ... State of kerala in 1970 KLJ 47, the principles of natural justice do not require that the employer must wait for the decision of the criminal case or appeal before proceeding with a domestic enquiry. " from the aforesaid portion of the impugned order....
1956 0 Supreme(AP) 168 • India - Andhra Pradesh
BHIMASANKARAM, K.SUBBA RAO
Whether the classification made under Rule 5(b) of the Madras Civil Services (Disciplinary Proceedings Tribunal) Rules, 1948, was ... The Court further held that the classification made under Rule 5(b) of the Madras Civil Services (Disciplinary Proceedings Tribunal ... The Tribunal conducting disciplinary proceedings is not a court and the technical rules governing criminal trials do not apply to ... The matter was in due course entrusted to the Tribunal for Disciplinary#HL_E....
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