after deportmental enquiry limitation of suspension

gajendra soni (Querist) 28 July 2011 This query is : Resolved
in the bank rule kisi officer ko kitne din tak suspension me rakha ja sakta hai yadi suspesion ko 4 years pure ho chuke hai. aur depotmental enquiry end huye pure 2 years ho chuke hai. please send me any citration and jugement name and case number. plese write me limitaion of suspension after end of deportmrntal enqury.gajendra

Follow Query

Report Abuse

ajay sethi (Expert) 28 July 2011
1)in number of cases courts have held that facts of each case will have to be examined and legality of suspsension would depend upon facts and circumstances of each case.

2)you have not mentioned in your query as to the result of departmental inquiry which was completed 2 years back . what was the finding given of inquiry officer?

3)in the case of all india bank v/s
d kumar bhola supreme court has refusedtio interfere with order of suspension even though 10 years had passed sincecharge sheet was filed on the ground that bank employee cannot be allowed to continue to remain in duty wherein there are serious charges of corruption and misappropriation of money

4) in case of surjeet singh chowdhary v/s muncipal corporation of delhi 2000 54DRJ 749writ petition was filed challenging continuation of suspension for long time as being illegal . the high court held that court will interfere with order of suspension only if it is in public interest to do so and that keeping officer under suspension is injurious to suspended officer . the court further held that no hard and fast rule can be laid down and it would depend upon facts and circumstances of each case

Guest (Expert) 30 July 2011
Dear Gajendra,

Better represent the authorities to revke suspension on account of adminstrative delay in taking decision on the inquiry report of the inquiring authority and also pursue the authorities separately for early decision in the inquiry case under the provisions of the departmental rules and guidelines, rather than seeking case laws, as case laws never present the same or simimlar circumstances or backgrounds in all the cases to be applied universally.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries