1000 TIT BITS ON DISCIPLINE -114
436. Period of suspension should not be prolonged unnecessarily but where exigencies of the case so require prolonged suspension is valid in law
"Another plea raised relates to a suspension for a very long period. It is submitted that the same renders the suspension invalid. The plea is clearly untenable. The period of suspension should not be unnecessarily prolonged but if plausible reasons exist and the authorities feel that the suspension needs to be continued, merely because it is for a long period that does not invalidate the suspension."
[Union of India v. Rajiv Kumar, C.A. No.5007 of 2003 d. by Supreme court on 18.7.2003, para 291
437. Suspension not to extend beyond three months if charge sheet not issued
In Ajay Kumar v. Union of India, CA No.1912 of 2015 d. 16.2.2015, the Supreme Court directed - "We, therefore, direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Charge sheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Charge sheet is served a reasoned order must be passed for the extension of the suspension."
PENALTIES RULE 11
438. Disciplinary action can be initiated for the misconduct prior to employment
Rule 11 says that for good and sufficient reasons penalties can be imposed on a GS. This is adequate authority to initiate disciplinary action against a GS for misconduct committed in earlier employment, if the misconduct is of such a nature as to render him unfit and unsuitable to continue in service. Suppose, the GS was a GDS employee in his earlier employment and had committed some misconduct, it is quite in order to initiate disciplinary proceedings against him for the past misconduct. The proceedings will be ordered under CCS (CCA) Rules 1965, and not under GDS (Conduct and Employment) Rules 2001.
439. For producing false information at the time of employment, disciplinary action can be taken
If a GS has secured employment by producing false information, that is, when he is not eligible in terms of the recruitment rules, he should not be retained in service. If he is a probationer or a temporary GS, his service should be terminated. If he is permanent, an inquiry under Rule-14 may be held, and if the charges are proved, the GS should be removed or dismissed from service.
440. Reversion from adhoc post if disciplinary action is initiated
When disciplinary proceeding is initiated against a GS officiating in a higher post on ad hoc basis, he may be reverted to his regular post if his appointment was against a short-term vacancy or a leave vacancy, or if he has held the appointment for a period less than one year. If he has held the appointment for more than one year, he need not be reverted.
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