AI Overview...
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Prolonged Suspension and Legal Provisions - Clause 35 of the relevant regulations provides for the suspension of public employees, including provisions for inquiry, subsistence allowance during suspension, and the right to appeal against punishment. These provisions ensure procedural fairness and safeguard the rights of employees during disciplinary proceedings. Bhanwarla VS Rajasthan State Road Transport Corporation - Rajasthan, Bhanwarlal VS Rajasthan State Road Transport - Rajasthan
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Public Employees as Public Task Performers - The case of Vijayanarayana (supra) emphasizes that employees of public corporations, although not civil servants, perform public tasks on behalf of the government. Therefore, their suspension and disciplinary actions are subject to similar considerations as civil servants, especially regarding the public interest and procedural fairness. Bhanwarla VS Rajasthan State Road Transport Corporation - Rajasthan, Bhanwarlal VS Rajasthan State Road Transport - Rajasthan
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Public Policy and Rights in Democratic Context - In cases where no specific public policy covers a situation, courts must act in accordance with public conscience and interest, declaring practices opposed to public policy. The right to hold public or private office and exercise choices is fundamental in a responsive democracy, and such rights should be given appropriate recognition and shape. Supriyo @ Supriya Chakraborty VS Union of India - Supreme Court
Analysis and Conclusion:
The sources collectively highlight that the suspension of public representatives like Tibrewal must adhere to established legal provisions (Clause 35), ensuring procedural fairness through inquiry, subsistence allowance, and appeals. Employees performing public tasks are protected under principles similar to civil servants, emphasizing the importance of public interest. Courts are also guided to uphold public policies and rights within a democratic framework, ensuring that disciplinary actions do not infringe upon fundamental rights and public good.
Search Results for "Tibrewal Prolonged Suspension Public Representative"
1984 0 Supreme(Raj) 290 • India - Rajasthan
GUMAN MAL LODHA, N.M.KASLIWAL, K.S.SIDHU
Tibrewal, S.R. Surana, V.L. Mathur and others and. therefore, we could get the hearing of the case on law points without wastage of time. ... Clause 35 provides for suspension and, the provisions have been made for inquiry and subsistence allowance during suspension and appeal from punishment. ... 84. ... Viiayanarayana , (supra) held that the employees of the public corporation, even though they are not civil servants but, fulfil the public task on behalf of the Government and being public#HL....
1984 0 Supreme(Raj) 292 • India - Rajasthan
G.M.LODHA, N.M.KASLIWAL, K.S.SIDHU
Clause 35 provides for suspension and, the provisions have been made for inquiry and subsistence allowance during suspension and appeal from punishment.58. ... Tibrewal, S.R. Surana, V.L. Mathur and others and. therefore, we could get the hearing of the case on law points without wastage of time. ... Vijayanarayana , (supra) held that the employees of the public corporation, even though they are not civil servants but, fulfil the public task on behalf of the Government and being public....
2023 0 Supreme(SC) 1046 • India - Supreme Court
D. Y. CHANDRACHUD, SANJAY KISHAN KAUL, S. RAVINDRA BHAT, HIMA KOHLI, PAMIDIGHANTAM SRI NARASIMHA
If there is no head of public policy which covers a case, then the court must in consonance with public conscience and in keeping with public good and public interest declare such practice to be opposed to public policy. ... recreation, and opportunity to hold public or private office. ... In a responsive and representative democracy which our country prides itself in being, such right to exercise choices should be given some status and shape. Of course, what that sho....
