Law: Government of India Act, 1935

Section: S. 240 (3) read with r. 55 Civil Services

 (a) Government servant-   North-Western Railway Personnel Manual, Advance Chapter No. 5, Rule 11 (iv) read with Appendix G (Schedule of Powers)-Assistant Mechanical Engineer competent to suspend employee.   (b) Government servant North Western Railway Personnel Manual; Advance Chapter No. 5, Rule 11 (b) -Envisages approval of suspension made during investigation of charge.   (c) Government servant---   North-Western Railway Personnel Manual, Advance Chapter No. 5,. Rule 11 (viii)-Suspension later found to be hasty-Suspension, held, not valid--Period of suspension treated as on duty.   (d) Government servant-   North-Western Railway Personnel Manual, Appendix G- Divisional Superintendent competent to order issue of show-cause notice to employee-Notice may be signed by lower officer.   (e) Government of India Act, 1935,   S. 240 (3) read with r. 55 Civil Services (Classification Control and Appeal) Rules -Govern ment servant-Railway employee-Reduction in rank-Copy of report of enquiry-Not necessary to be served on delinquent officer- But opportunity to defend, to be reasonable, must be such, wherein adequate information of contents of enquiry report has been made available to such officer-Notice calling upon officer to show cause "why you Should not be reduced to next lower grade . . . . . . as a result of finding of enquiry" without supplying adequate information about contents of enquiry-Punishment inflicted, held, not valid.   There is no law which makes it specifically necessary that copies of enquiry reports should be supplied but it is almost a corollary to the broader principle of providing reasonable oppor tunity to defend that, in a large majority of cases adequate information of the contents of enquiry reports must be supplied.   To say that copies of such reports should be supplied is to reduce the corollary to a safe working formula for departmental use.   The results of a departmental enquiry either in full or in an adequately summarised from, together with the finding of the enquiring officer should be communicated to the. employee on whom the penalty is proposed to be imposed.…