Removal after suspension
sanjeev kumar
(Querist) 19 May 2014
This query is : Resolved
D/Law Experts,
I was under deemed suspension wef 01-04-2013.Now 15 days back,has been removed from service.I have come to know that reinstatement is must before imposing the penality of removal.Is there procedural mistake by my employer? Plz clarify.
Guest
(Expert) 19 May 2014
Your query is incomplete as you have not provided the exact background of your removal. You have not mentioned whether you have been removed from service after departmental inquiry on issue of charge sheet to you or on prosecution by court of law after your offence is proved in a criminal case against you.
However, if you have been punsihed by the court of law in the criminal case against you, the disciplinary authority is justified in removing you by adopting special procedure even without holding a departmental inquiry. There is no procedural mitake in the orders of the disciplinary authority in that case.
If your removal is based on punishment by the court of law, better appeal to the competent appellate court to get yourself exonerated by the court. On your exoneration, you would be wentitled to be reinstated on your post with past service benefits also.
If you have been removed from service on charge having been proved during departmental inquiry, you will have to submit your appeal on merits of the case against the penalty orders of the disciplinary authority to the prescribed appellate authority of your own department.
Sankaranarayanan
(Expert) 19 May 2014
No More details required for your query. Shri Dhingra given his maximum
Sudhir Kumar, Advocate
(Expert) 20 May 2014
you said
"I have come to know that reinstatement is must before imposing the penality of removal"
You are under serious misconception. There is no such provision.
Sudhir Kumar, Advocate
(Expert) 20 May 2014
you ae hiding the vital facts as pointed out by Mr Dhingra, so no further useful advise can be given.
