AI Overview...
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Suspension in Contemplation of Inquiry - Generally, suspension in contemplation of departmental inquiry is a preventive measure taken before charges are formally served. Courts have emphasized that such suspension should be based on reasonable grounds indicating an impending inquiry, not on malafide or arbitrary reasons. Several cases (e.g., D. J. Kansara VS District Judge - Gujarat, Zuhair Alam VS State of U. P. - Allahabad) highlight that suspension ordered merely in anticipation of an inquiry must establish that the inquiry is indeed contemplated and justified.
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Legal Requirements and Judicial Scrutiny - Courts scrutinize whether the suspension order explicitly states the contemplation of a departmental inquiry, as mandated by rules like Rule 49a. For instance, in AZIZUL REHMAN VS DISTRICT MAGISTRATE, DEORIA - Allahabad, the court quashed suspension due to lack of evidence that an inquiry was contemplated. Similarly, in J. S. Chauhan VS State Of Uttar Pradesh - Allahabad, indefinite suspension without proper justification was deemed unreasonable.
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Nature of Suspension in Contemplation - It is recognized that suspension in contemplation of inquiry is not punitive but preventive. However, it should not result in indefinite or arbitrary suspension, as noted in Ram Kumar Prasad S/o Raghunath Prasad VS State of Jharkhand - Jharkhand and Ajit Kumar son of Late Gokhul Prasad VS State of Jharkhand - Jharkhand, where prolonged suspension without conclusion of proceedings was criticized.
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Prohibition of Suspension in Absence of Proper Grounds - Some rulings (e.g., B. B. MONDAL VS STATE OF WEST BENGAL - Calcutta) clarify that no suspension can be ordered solely on the basis of contemplation without proper procedural and substantive grounds. Suspension must be justified by the existence of credible grounds indicating an inquiry is imminent.
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Impact and Limitations - Suspension in contemplation of departmental inquiry is a delicate measure, requiring careful adherence to legal standards. Excessive or unjustified suspension can be challenged and struck down, as seen in AZIZUL REHMAN VS DISTRICT MAGISTRATE, DEORIA - Allahabad and J. S. Chauhan VS State Of Uttar Pradesh - Allahabad.
Analysis and Conclusion:
Suspension in contemplation of departmental inquiry is permissible but must be grounded in reasonable suspicion and proper procedural compliance. It is not an automatic or punitive measure and should not be indefinite or arbitrary. Courts have consistently held that such suspension requires clear evidence that an inquiry is genuinely contemplated, and the order should specify the reasons. Unjustified suspension, especially when indefinite or lacking proper basis, can be annulled. Therefore, authorities must exercise caution and adhere to legal standards when ordering suspension in contemplation of departmental proceedings.
Search Results for "Suspension no Contemplation"
1996 0 Supreme(Guj) 49 • India - Gujarat
S.K.KESHOTE
(a) Service & Employment - Suspension - Contemplation of departmental inquiry - Charge of grave misconduct, carelessness, dereliction ... The petitioners had been placed under suspension in contemplation of the departmental inquiry i.e. chargesheet is yet to be served ... except on ground of malafide or no evidence - In the instant case order of suspension in contemplation of departmental inquiry - ... The petitioners are ordered to be placed under suspension vide off....
1997 0 Supreme(All) 1115 • India - Allahabad
D.K.SETH
Suspension - Contemplation of Inquiry - The court quashed the suspension order as it did not establish that an inquiry was contemplated ... Issues: The main issue was whether the suspension order established the contemplation of an inquiry as required by Rule 49a ... Finding of the Court: The court found that the suspension order did not meet the requirement of establishing the contemplation ... Therefore, it is very difficult to construe the said order to be an or....
2023 0 Supreme(All) 591 • India - Allahabad
SAURABH SRIVASTAVA
– Contemplation - Held, On precise query as made before counsel for respondents that on which dates matter has been posted which ... - Management of institution - Seeking full cooperation - Claim in shape of representation - Employees of Institution - Order of Suspension ... of the petitioner in contemplation of the inquiry and the order of suspension was passed vide order dated 04.02.2009. ... Having been aggrieved by the order of suspension dated 04.02.2009, the petitioner preferred a representation o....
2011 0 Supreme(Gau) 22 • India - Gauhati
UTPALENDU BIKAS SAHA, A.C.UPADHYAY
- Contemplation of a disciplinary proceeding - Committed an offence of disobedience of order - Petitioner was appointed to post ... Constitution of India,1950 - Article 226 – Indian Penal Code,1860 - Section 376 - CRPF Act, 1949 - Section 11(1) - Committed rape - Suspension ... F.V.III-1/99-CII dated 23.10.1999 issued by the Commandant, 11 BN CRPF the Respondent-Petitioner was placed under suspension w.e.f. the date of issue of the said order in contemplation of a disciplinary proceeding against him. Vide another office ....
1977 0 Supreme(All) 281 • India - Allahabad
K.N.SINGH, P.N.BAKSHI
Fact of the Case: THE PETITIONER, AN ASSISTANT ENGINEER IN THE STATE GOVERNMENT, WAS PLACED UNDER SUSPENSION IN CONTEMPLATION ... IN CONTEMPLATION OF DEPARTMENTAL ENQUIRY WAS UNREASONABLE AND LIABLE TO BE STRUCK DOWN. ... OF A GOVERNMENT SERVANT FOR AN INDEFINITE PERIOD OF TIME IN CONTEMPLATION OF DEPARTMENTAL PROCEEDINGS. ... servant under suspension for indefinite period of time in contemplation of departmental proceedings. ... It would be unreasonable to keep a Government servant ....
2017 0 Supreme(Raj) 1051 • India - Rajasthan
DINESH MEHTA
- contemplation of a disciplinary enquiry - petitioner, a conductor in the Respondent Corporation appointed vide order Though there ... along with order of suspension. ... Order of suspension dated 13.01.2017 challenged by the petitioner sans, the reasons of suspension and charge sheet is per se illegal ... The petitioner, a conductor in the Respondent Corporation appointed vide order dated 04.08.1986, has impugned the order dated 13.01.2017, whereby he has been placed under suspension, under ....
2020 0 Supreme(Telangana) 12 • India - Telangana
P.NAVEEN RAO
- Contemplation of Disciplinary - Competent Authority - Petitioner is working as Panchayat Secretary Grade-I. ... By order of District Collector petitioner was placed under suspension writ petition petitioner challenges said order of suspension ... and 268 - Telangana Panchayat Raj Act 2018 - Section 51 - Andhra Pradesh Panchayat Raj Subordinate Service Rules, 2010 - Order of Suspension ... (ii) Assuming that District Collector is competent authority to order suspension, it does not envisage commenceme....
2020 0 Supreme(Jhk) 456 • India - Jharkhand
SANJAY KUMAR DWIVEDI
contemplation of departmental proceeding - Suspension must necessarily be for a short duration - Petitioner was suspended on 01.07.2019 ... Jharkhand Government Servant (Classification, Control and Appeal) Rules, 2016 - Rule 9(6) - Suspension in ... respondent State to conclude departmental proceeding - If departmental proceeding is not concluded within this period, order of suspension ... The petitioner was placed under suspension vide Memo No. 1139 dated 01.07.2019. By the order of suspensio....
1972 0 Supreme(Cal) 214 • India - Calcutta
PRADYOT KUMAR BANERJEE
There can be no order of suspension in contemplation of any disciplinary proceeding. 3. ... Whether there can be an order of suspension in contemplation of any disciplinary proceeding? 3. ... services can be made except during the pendency of a disciplinary proceeding and there can be no order of suspension in contemplation ... in contemplation? of any disciplinary proceeding, no order of suspension can be made. ... Nayak was placed under s....
2017 0 Supreme(Jhk) 390 • India - Jharkhand
PRAMATH PATNAIK
Service Law – Suspension – Suspension in contemplation of departmental proceeding is not a punishment but it visits employee with ... serious civil consequences and loss of reputation and prestige – Suspension order should not be passed in a very mechanical casual ... ... (ii) In the case in hand, the order of suspension which has been passed by the respondents in contemplation of initiation of departmental proceeding. ... It is trite law that the suspension in #HL_S....
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