AI Overview...
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Regulation 351-A - Disciplinary Proceedings and Pension Withholding
Main points: Regulation 351-A of the Civil Services Regulations governs disciplinary proceedings against government employees, especially concerning the issuance of charge sheets, conduct of inquiries, and the conditions under which pension can be withheld. Several sources emphasize that proceedings must adhere to prescribed time limits, and any violation can render actions invalid. The regulation specifies that disciplinary actions, including pension withholding, require prior approval and must follow due process.
References: HARIHAR BHOLE NATH MISRA VS STATE PUBLIC SERVICES TRIBUNAL - Allahabad, U. P Power Corporation Ltd. Thru. Chairman Cum-M. D. VS Kanti Prasad Varshney - Allahabad, VANSHIDHAR VS STATE OF UTTAR PRADESH - Allahabad, Ajay Pal Singh VS State Of U. P. Thru Its Prin. Secy. Deptt. Of Secondary Edu. - Allahabad, RAJENDRA PRASAD GUPTA VS STATE OF U. P. - Allahabad, SURESHWAR DUTT PANDEY VS STATE OF UTTAR PRADESH - Allahabad, Chief Engineer & Head of the Department, Irrigation VS Rajendra Prasad Tayal - Uttarakhand, Mithai Lal VS State of U. P. - Allahabad, DIWAKAR PANDEY VS STATE OF U. P. - Allahabad -
Scope and Application
Main points: The regulation applies to civil servants and government employees, including those in state government services, with specific provisions for departmental inquiries, pension sanctions, and post-retirement disciplinary actions. It also clarifies that Regulation 351-A can be invoked even if other regulations are not applicable, and that it provides the legal framework for withholding pension in cases of misconduct.
References: VANSHIDHAR VS STATE OF UTTAR PRADESH - Allahabad, U. P Power Corporation Ltd. Thru. Chairman Cum-M. D. VS Kanti Prasad Varshney - Allahabad, Rajendra Dhar Dwivedi VS State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Agriculture Lko - Allahabad -
Legal Interpretation and Judicial Decisions
Main points: Courts have interpreted Regulation 351-A to require strict adherence to procedural requirements, including timely initiation of proceedings and proper authorization. The regulation's provisions have been upheld in various judgments, emphasizing that actions beyond the prescribed period or without proper sanction are invalid. The courts have also examined the scope of disciplinary proceedings post-retirement and the conditions under which pension can be withheld.
References: HARIHAR BHOLE NATH MISRA VS STATE PUBLIC SERVICES TRIBUNAL - Allahabad, SURESHWAR DUTT PANDEY VS STATE OF UTTAR PRADESH - Allahabad, 02500008044, DIWAKAR PANDEY VS STATE OF U. P. - Allahabad -
Key Insights:
- Disciplinary proceedings under Regulation 351-A must be initiated within the statutory time limits; otherwise, they are liable to be quashed.
- Pension can only be withheld if misconduct is proven following due process, and prior sanction is obtained.
- The regulation applies to both active employees and retirees, with specific procedural safeguards.
- Courts have consistently reinforced the importance of procedural compliance under Regulation 351-A, emphasizing that violations can invalidate disciplinary actions.
Conclusion:
Regulation 351-A of the Civil Services Regulations provides a detailed legal framework for disciplinary proceedings, emphasizing timely initiation, proper authorization, and adherence to procedural safeguards. Its proper application ensures fairness in disciplinary actions and pension sanctions, with judicial decisions reinforcing the importance of compliance with its provisions.
Search Results for "Regulation 351 a"
2005 0 Supreme(All) 569 • India - Allahabad
PRADEEP KANT, N.K.MEHROTRA
Regulation 351-A - Disciplinary Proceedings - 351-A - Summary of Acts and Sections: Regulation 351-A of the Civil Services Regulations ... The judgment also referenced relevant case law and legal principles to support its interpretation of Regulation 351-A. ... - The court discussed the interpretation and application of Regulation 351-A, emphasizing the requirement of obtaining the Governor's ... were to be taken u....
2018 0 Supreme(All) 2531 • India - Allahabad
DILIP B. BHOSALE, VIVEK CHAUDHARY, RAJESH SINGH CHAUHAN
State Electricity Board (Officers and Servants) (Conditions of Services) Regulations, 1975 – Regulation 351-A – Whether, Regulation ... (Para 25) Facts of the case: Whether, Regulation 351-A of Civil Services Regulations ... 351-A of Civil Services Regulations framed by State Government is applicable on employees of U.P. ... Learned counsel for petitioner relies upon the same and submits that while considering the Keshav Deo Pandey....
1997 0 Supreme(All) 477 • India - Allahabad
R.K.SINGH, D.S.SINHA
REGULATION 351-A OF CIVIL SERVICE REGULATIONS - SCOPE. ... Regulation 470 (b) can be used even if Regulation 351-A is not invoked. ... departmental proceedings under Regulation 351-A. 2. ... " ... ( 7 ) REGULATION 351-A makes the provisions for circumstances to withhold pension or any part of it. This regulation reads as under:-- ... "351-A. ... It cannot be accepted that unless ....
2024 0 Supreme(All) 902 • India - Allahabad
PRAKASH SINGH
PENSION - RETIRAL BENEFITS - Regulation 351 of the Civil Services Regulations - Regulation 351 establishes ... Ratio Decidendi: The court held that Regulation 351 clearly states that future good conduct is a condition ... 351 of the Civil Services Regulations. ... Provision of Regulation 351 of the Civil Services Regulations is extracted as follows :- “351. Fut....
2013 0 Supreme(All) 1191 • India - Allahabad
VINEET SARAN, B.AMIT STHALEKAR
the provisions of Regulation 351-A of the Civil Service Regulations and liable to be quashed. ... Civil Service Regulations—Regulation 351-A—Enquiry—After retirement—District Panchayat Raj Officer—Irregularities committed by petitioner—No ... charge-sheet issued to the petitioner till his retirement—Converting the enquiry proceedings into proceedings under Regulation 351 ... Regulation 351-A of the Civil Service #H....
1996 0 Supreme(All) 1387 • India - Allahabad
S.C.VERMA
) of the Regulations, is, in fact, under Regulation 351-A of the Regulations. ... PENSION - WITHHOLDING - REGULATION 351-A OF CIVIL SERVICE REGULATIONS - CONDITIONS PRECEDENT - DEPARTMENTAL PROCEEDINGS - SANCTION ... The court held that the power under Regulation 351-A of the Regulations can be exercised only if the pensioner is found to have been ... The impugned order though it professes to have been passed in ex....
2024 0 Supreme(All) 456 • India - Allahabad
MANISH KUMAR
Post Retiral Benefits - Direction for Release of Post Retiral Benefits - Rule 10 (2) of the Rules, 1999, Regulation ... Regulation 351 (A) of C.S.R. Regulation 351 (A) of C.S.R. is reproduced hereinbelow:- "351-A. ... 351 (A) of the Civil Services Regulation (hereinafter referred to as, the C.S.R). ... under Regulation 351-A of C.S.R. or not; secondly, and most importantly whether Regulation #HL_S....
2011 0 Supreme(UK) 695 • India - Uttarakhand
BARIN GHOSH, SERVESH KUMAR GUPTA
Regulation 351(A) - Disciplinary Proceedings - The court held that under Regulation 351(A) of the Civil Service Regulations, only ... Issues: The main issue was whether the charge sheet issued to the retired employee was competent as per Regulation 351(A) ... Finding of the Court: The court found that the charge sheet was not in accordance with Regulation 351(A) of the Civil ... As aforesaid, under Regulation #H....
2017 0 Supreme(All) 2644 • India - Allahabad
RANVIJAI SINGH, NEERAJ TIWARI
Jurisdiction - Civil Services Regulations - Regulation 351-A, U.P. ... 351-A of the Civil Services Regulations (CSR). ... government employee, challenged a charge sheet issued against him, arguing that it was beyond the permissible time limit under Regulation ... For testing this argument we find it appropriate to reproduce Regulation 351-A of the CSR and Rule 7 (ii) and (v) of the U.P. ... 351-A of the Regulations....
2018 0 Supreme(All) 592 • India - Allahabad
IRSHAD ALI
Civil Services Regulations—Regulation 351(A)—Disciplinary Proceeding—De novo inquiry—Sustainability of—Petitioner was holding post ... by Governor—Charges are of year 2005 and 2008, therefore, proceedings is barred by second condition of proviso of Regulation 351( ... 351(A) of Civil Services Regulations—Proceedings has been initiated by means of impugned order under prior concurrence accorded ... Now the order dated 13.11.2017 has been passed under Regulati....
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