Employer govt concocted grounds fradulantly and suspended. Before moving to court i should get fact considered by courts in writ. Please give case reference.
From India, Delhi
From India, Delhi
Dear friend,
Your information is not complete and sufficient deserving appropriate citation of reference as asked for. However, let me try to give my answer based on what I am able to cull out from your brief post. It is a well settled legal position that the Government have an implied power to place a Govt. servant under suspension pending the completion of the departmental enquiry ( Narayan Prasad Rewary v. State of Orissa - AIR 1957 ori 51 ) and in other words the employer is regarded as issuing an order to the employee which, because the contract is subsisting, the employee must obey(Gurudeva Narayana Srivatsava v. State of Bihar - AIR 1955 Pat.131). You have vaguely mentioned that on concocted grounds the suspension was ordered and it means that you raise a question about the justification of the very order of suspension. If power to appoint or dismiss is administrative power it follows that power to suspend a Govt. servant is also an administrative power.That being so the suspended Govt.servant is not entitled to an opportunity of explanation for the order of suspension.IT has been categorically held in D.N.Ganju v.State of J&K - (AIR 1964 J&K 14) that the High Court while exercising power in a writ cannot go into the question whether an order suspending a Govt. servant was or was not based on proper material and if the petitioner was able to show that it was passed by an authority not competent to pass, the position would be different.
From India, Salem
6016Your information is not complete and sufficient deserving appropriate citation of reference as asked for. However, let me try to give my answer based on what I am able to cull out from your brief post. It is a well settled legal position that the Government have an implied power to place a Govt. servant under suspension pending the completion of the departmental enquiry ( Narayan Prasad Rewary v. State of Orissa - AIR 1957 ori 51 ) and in other words the employer is regarded as issuing an order to the employee which, because the contract is subsisting, the employee must obey(Gurudeva Narayana Srivatsava v. State of Bihar - AIR 1955 Pat.131). You have vaguely mentioned that on concocted grounds the suspension was ordered and it means that you raise a question about the justification of the very order of suspension. If power to appoint or dismiss is administrative power it follows that power to suspend a Govt. servant is also an administrative power.That being so the suspended Govt.servant is not entitled to an opportunity of explanation for the order of suspension.IT has been categorically held in D.N.Ganju v.State of J&K - (AIR 1964 J&K 14) that the High Court while exercising power in a writ cannot go into the question whether an order suspending a Govt. servant was or was not based on proper material and if the petitioner was able to show that it was passed by an authority not competent to pass, the position would be different.
From India, Salem
Information is precious. Whether work according to designation, rank and file should be assigned, Is there any such law or verdict of court or court rule. Is any law or verdict prohibits authority to assigne the job of clerk, peon or officers juniors in rank to any senior officer.
A senior officer If represent against assgingment of job of a clerk or peon or officer juniors in rank can it become ground of disciplinary action or suspension. if no Kindly quote verdict.
I shall be obliged
From India, Delhi
I need following guidence.
Every govt employee is suppose to act with integrity but is there any law
or court rule which protect an employee from intentional humiliating subordination by Boss by assigning job of clerk junior officer despiste
sufficient juniors available. is there any law that duty should be assigned matching designation or rank file. Any court ruling or law shall be highly appreciated.
From India, Delhi
Every govt employee is suppose to act with integrity but is there any law
or court rule which protect an employee from intentional humiliating subordination by Boss by assigning job of clerk junior officer despiste
sufficient juniors available. is there any law that duty should be assigned matching designation or rank file. Any court ruling or law shall be highly appreciated.
From India, Delhi
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