213. Knowledge Spectrum – Discipline – ACTION ON RECEIPT OF COURT ORDERS
388. What are the two different kinds of grounds under which the penalty may be set aside?
The above penalties may be set aside
(a) For non-compliance of the constitutional/statutory provisions or principles of natural justice.
(b) On merits i.e. the charges have not been proved or that the employee is free from guilt.
While setting aside the penalty, the courts may or may not give liberty to the disciplinary authority to proceed against the delinquent official.
389. What will be the position of the employee from the date of dismissal, removal from service or compulsory service till the date of re-instatement?
Intervening period i.e. the period from the date of dismissal, removal from service or compulsory retirement to re-instatement shall be treated as deemed suspension under Rule 10 (4) if the disciplinary authority decides to hold a further inquiry. Otherwise, the interim period will be treated as duty for all purposes under FR 54 - (A) (3)
390. What are the two issues that call for determination on re-instatement of the employee consequent to the court orders?
Following are the two issues which arise for determination on re-instatement of the employee:
(a) Treatment of the intervening period
(b) Pay and allowance for the period
It has been clarified vide Ministry of Finance OM No. 15(14(EO.IV (59) dated 25" May 1962 and 9th August 1962 that the above two issues are independent, except that the competent authority has no discretion to pay full pay and allowance when the period is not treated as duty
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