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211. Knowledge Spectrum – Discipline – ACTION ON RECEIPT OF COURT ORDERS

 211. Knowledge Spectrum – Discipline – ACTION ON RECEIPT OF COURT ORDERS 

384. What are the various court orders relevant to the context of disciplinary proceedings? 

Government Servants are likely to seek judicial intervention for the following purposes in matters relating to disciplinary proceedings: 
(a) Revocation of suspension (b) Enhancement of subsistence allowance (c) Quashing of Charge Sheet (d) Stay of the inquiry (e) Setting aside the order of the Disciplinary Authority or Appellate Authority imposing penalty 

385. What action is required on the part of the Disciplinary Authority on receipt of court orders? 

Disciplinary Authority should check if the order is an interim order or a final order in the judicial proceedings. If it is an interim order, it must be checked as to whether it is ex-parte interim order or otherwise. 
In case of ex-parte interim orders, effort must be made to move the court to place before it the stand of the disciplinary authority and get the interim orders vacated, where necessary. 
In all cases, legal advice must be obtained about further course of action open to the department. 
In case any appeal is to be filed, urgent action must be taken in that regard 
If there is a stay on the conduct of inquiry, the same must be complied with immediately; there is no bar, however to seek judicial remedy available under law. 

386. What is the time limit within which the court orders are to be implemented? 
Directions are to be implemented within the time limit stated in the judgment. If no time limit is mentioned in the order, the directions must be complied with as early as possible but within six months. 
In case there is any difficulty in complying with the time limit, extension of time must be sought from the court. 

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