1000 TIT BITS ON DISCIPLINE -111
421. Continued suspension for over eighteen months without filing charge sheet unjustified.
[A. Palaniswamy and another v Union of India and others (1991) 18 ATC (CAT, Madras Bench) date of judgment 12.10.1990.]
422. Order of suspension operating retrospectively is valid from the date the government servant is actually relieved.
Hemanth Kumar Bhattacharya X UOI AIR 1958 Cal 239, Narayan Prasad Rewamy X State of Orissa ÁIR 1957 OR 51, Dr. Balaguru X Tamilnadu (1979) 1 MLJ4.
423. If due to delay in payment of subsistence allowances, the government servant does not attend inquiry at a distant place, proceedings vitiated.
(1973) 1 SCC 656 (referred to in 1993 (3) SLJ 282 Jodhpur, Ganshyamdas Srivastara X MP 1973 SLR 636). SLJ 1993 (3) SC 152 (Paul Anthony X Bharat Goldmines). APXV.Radhakrishnan-APJ 1998 (2) SC 559.
424. Void order cannot be validated by subsequent events
Initial order of suspension void if there is no case against the officer on the date of issuing the order. Void order cannot be validated by subsequent events.
S.K.Mohanty Vs UOI (1990) 13ATC 157 Cuttack, 1990 (2) ATJ
425. No difference in acquittal
No difference between acquittal on merit and acquittal on technical grounds. Full pay admissible. FR 54 (4) or (5) applying only in departmental proceedings.
Satpati XUOI (1990) 12 ATC 343 Cuttack.
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