Thought for Today, 29 th June 2020

Life is a trip. The only problem is that it does not come with a map. We have to search our own routes to reach our destination.

Sunday, December 29, 2013

Suspension not a punishment but it should not be resorted as a routine.

It is settled principle of law that the appointing authority / disciplinary authority has authority to suspend an employee pending departmental inquiry. However the Apex Court in well known case of " State of Orissa v/s Bimal Kumar Mohanty has held that the order of suspension should be passed after taking into consideration the gravity of the misconduct sought to be inquired and the nature of evidence before the appointing authority/ disciplinary authority and such authority on application of mind pass the order of suspension and then consider whether it is expedient to place the employee under suspension. It should not be administrative routine or automatic order to suspend the employee.

The above said judgement of the supreme court in case Stateof Orissa v/s Bimal Kumar Mohanty is available on this blog in the list of Important judgements under heading " Disciplinary Proceedings- Important judgements. Those interested can get the said judgement downloaded.

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