Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 3,4(1)(b)(ii),5,6,7

Law: Service Tribunals Act, 1973

Section: 4

Government Servants (Efficiency and Discipline) Rules, 1973---   ----Rr. 3, 4(1)(b)(ii), 5, 6 7---Service Tribunals. Act (LXX of 1973), S.4---Compulsory retirement from service---Appeal to Service Tribunal---Appellant was compulsorily retired from service on allegations that he had acquired and possessed property, disproportionate to his known resources of income and that he had purchased movable/immovable property without permission of the Competent Authority---Appellant was also alleged to be living beyond his ostensible means of income---No formal inquiry had been held against appellant in spite of his request in that behalf---Considering the nature of allegations against appellant, non-holding of inquiry had caused serious prejudice to him---When serious allegations were levelled against appellant which were controverted by him, formal inquiry had become mandatory---Appellant had made an endeavour to explain his resources which could be determined only through a formal inquiry and not in any other manner---Even otherwise penalty of compulsory retirement did not reconcile with the serious charges levelled against appellant---Such aspect of case would be duly considered by competent Authority depending upon the outcome of formal inquiry---Order of compulsory retirement from service passed against appellant was set aside with direction that a formal inquiry would be held against appellant in accordance with rules and matter would be decided by Competent Authority within specified period. Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 3, 4(1)(b)(ii), 5, 6 7---Service Tribunals. Act (LXX of 1973),…

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