Seeking information
Syed Tarik Raj
(Querist) 23 February 2015
This query is : Resolved
Sir I want to get the information for the list mention below-
1. Is there any order that any judgement given by Supreme Court of India will become a Law? If so can I get a copy of this order.
2. As per the latest Supreme Court judgement related to suspension - A government employee can't be suspended for more than three months if charge sheet not served. My question here is that whether this will become a law. If so what will be its effective date or its implementation.
Since I was suspended from my service on 23rd may 2012 and my suspension was revoked on 20th December 2012 i.e., for more than six months as i was in the police custody for more than 48 hrs. I was arrested on suspicious ground. For this an FIR was put up against me. But till today no charge sheet is put up from the police side which is more than two and half years. However departmental inquiry is also completed and i was given a penalty against the inquiry.
In this regard I want to know that the latest Supreme Court Judgement will be applicable to me or not. If so what are the steps I have to follow now. Please Help me in this regard.
venkatesh Rao
(Expert) 23 February 2015
The charge sheet referred in the supreme court judgment is the charge sheet of the domestic inquiry and not police challan or charge sheet.
Art. 141 of our constitution lays down that the judgment of the supreme court becomes law of the land. There are catena of judgments to this effect.
Pl. consult an advocate for better particulars.
Syed Tarik Raj
(Querist) 23 February 2015
Thanks for the reply and help. I get the point about charge sheet.
Now the problem here is again -
The director issued the charge sheet on 31st August, 2013 and I was suspended on 23rd May, 2012 which is more than 1 years after my suspension period.
Whether this recent judgement/law of Supreme Court will be applicable to me or not. Now my departmental inquiry is also completed and I had given penalty also.
If applicable will all the penalty given to me will be over rule/subsidized or will be as it is. Please guide me and help me.
Guest
(Expert) 23 February 2015
Dear Mr. Syed Tarik,
The replies to your queries are as follows:
Q.1) Is there any order that any judgement given by Supreme Court of India will become a Law? If so can I get a copy of this order.
REPLY: Any judgment does not become law automatically unless appropriately shapd in to Government of India's Order or Decision, as any individual judgment is applicable on the the case of individual, whose case was decided on meritas by the SC. The order/ Decision of Govet., if issued by the DOPT, as based on the judgment can take effect on all other Govt. departments only from the date of issue of such order/ decision, but with no retrospective effect.
Q.2) As per the latest Supreme Court judgement related to suspension - A government employee can't be suspended for more than three months if charge sheet not served. My question here is that whether this will become a law. If so what will be its effective date or its implementation.
Since I was suspended from my service on 23rd may 2012 and my suspension was revoked on 20th December 2012 i.e., for more than six months as i was in the police custody for more than 48 hrs. I was arrested on suspicious ground. For this an FIR was put up against me. But till today no charge sheet is put up from the police side which is more than two and half years. However departmental inquiry is also completed and i was given a penalty against the inquiry.
REPLY: For the first part of your query, reply is the same, as against Q.1 above. As about the rest of your query, charge police case and departmental inquiry case are two separate entities and to be decided independently. However, since your suspension was deemed suspension due to your police custody, the departmental authorities are bound to keep you suspended till the police investigation is over or clearance is given by the police for reinstatement. In such case, even if Government decision is issued on restriction of suspension for 3 months' duration, still exception would remain there in the Government rules.
Q.3) In this regard I want to know that the latest Supreme Court Judgement will be applicable to me or not. If so what are the steps I have to follow now. Please Help me in this regard.
REPLY: Completed period of suspension cannot be reduced. However if exonerated by the court of law in the police cae, you would be able to represent to the discipnary authority to regularise your suspension period as duty period for all purposes.
So, the first step for you to take for the present is to submit an appeal to the Appellate Authority in of your department to get the penalty order anulled.
The second step would be to whole-heartedly and effectively defend your court case, whenever the charge sheet is filed by the police, to get yourself exonerated of the charge.
BUT DON'T TRY to mix up both the cases )court case and departmental case) together. Each one has to be taken up on merits of each individual case.
Rajendra K Goyal
(Expert) 23 February 2015
Well advised, agree with the expert PS Dhingra ji.
R.K Nanda
(Expert) 24 February 2015
NOTHING TO ADD MORE.
