Employer Government Suspension: How Can I Find Case References for Court?

Employer Government Concocted Grounds Fraudulently

The employer government has concocted grounds fraudulently and suspended me. Before moving to court, I should get the facts considered by courts in a writ. Please provide a case reference.

Regards

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.

Legal Position on Government Servant Suspension

It is a well-settled legal position that the Government has an implied power to place a Government servant under suspension pending the completion of the departmental inquiry (Narayan Prasad Rewary v. State of Orissa - AIR 1957 Ori 51). 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, which means that you raise a question about the justification of the very order of suspension. If the power to appoint or dismiss is administrative power, it follows that the power to suspend a Government servant is also an administrative power. That being so, the suspended Government 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 of whether an order suspending a Government servant was or was not based on proper material. If the petitioner was able to show that it was passed by an authority not competent to pass, the position would be different.

Assignment of Duties Based on Rank

Information is precious. Whether work is assigned according to designation, rank, and file should be considered. Is there any law or court verdict that addresses this? Is there any law or verdict that prohibits the authority from assigning the job of a clerk, peon, or junior officer to any senior officer?

If a senior officer objects to being assigned the job of a clerk, peon, or junior officer, can it become grounds for disciplinary action or suspension? If not, kindly quote a relevant verdict.

I shall be obliged.

I need the following guidance.

Every government employee is supposed to act with integrity, but is there any law or court rule which protects an employee from intentional, humiliating subordination by a boss by assigning the job of a clerk or junior officer despite sufficient juniors being available? Is there any law that dictates duty should be assigned matching the designation or rank in the file? Any court ruling or law on this matter would be highly appreciated.