Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.5 & 6--Dismissal from service on charge of embezzlement--Show­cause notice--Inquiry--Discretion of Authorised Officer to adopt either a shorter procedure of show-cause notice or a detailed procedure of holding regular inquiry was not an absolute or arbitrary discretion because of having been vested for a public purpose and had to be exercised to secure ends of justice--Executive authority, while passing an order in matter of his discretion, must act justly, fairly, reasonably and for good reasons to be recorded--By acting otherwise such authority would exceed its jurisdiction--Appellant in reply to charge­-sheet' categorically denying charges mentioned in charge-sheet--Nature of charges and their denial by appellant could not be considered such a matter as could be decided without holding a regular inquiry as envisaged in R.6--Appellant not afforded adequate opportunity to produce evidence in support of his contention and refute charges by examining and cross-examining witnesses by holding regular inquiry--Act of appellant in depositing a part of embezzled money could not be treated as a confession of his guilt and could not be made a base for penalizing him without holding an inquiry and without giving an opportunity to defend himself--Discretion exercised to proceed summarily in case, held, had resulted in denial of reasonable opportunity to appellant to 3eTend himself which rendered impugned order unlawful and ultra vires--Impugned order also suffering from fatal lacuna in not allowing opportunity of personal hearing--No. approval of competent authority for extension of appellant's suspension beyond three months obtained and notified--Suspension of appellant beyond three months, held, was incompetent, unlawful and of no legal effect and he automatically stood re-instated in service on expiry of three months' suspension--Impugned order was set aside and appellant re-instated in service with full back benefits--Appeal having been accepted for technical reasons it would be open to relevant authorities to proceed afresh against appellant in accordance with law and in conformity with…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492