Court : Central Administrative Tribunal CAT Ernakulam
..... the cbi has requested prosecution of the applicant for the 1st charge under section 120-b ipc r/w 420 and section 13(2) r/w 13 (1)(d) of prevention of corruption act, 1988 and for the second charge recommended departmental action for major penalty proceedings against the applicant ..... the central government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the service, against whom disciplinary proceedings are contemplated or are pending that government may (a) if the member of the service is serving under that government, pass an order placing him under suspension, or (b) if the member of the service is serving under another government, request that government to place him under suspension, pending the conclusion of the disciplinary proceedings ..... whether it is necessary or desirable to place the officer under suspension even before definite charges have been framed would depend upon the circumstances of the case and the view which is taken ..... as inspector general of police, on 12.10.2001 he was appointed on deputation as the chairman and managing director of the kerala state civil supplies corporation (supplyco for short). ..... entertained the writ petition, in which pleadings were also complete, ought to have decided the case on merits instead of relegating the parties to a civil suit. ..... writ petition, which was pending for a long period of thirteen years, has been summarily dismissed on the ground that there is remedy of civil suit. 3. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... (a) dated 09.12.1966 as under :"(2) interpretation of what constitutes a "strike" under the conduct rules - rule 7 (ii) of the central civil services (conduct) rules, 1964, provides that no government servant shall resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other government servant. ..... references have been received seeking clarification whether certain acts are covered under the definition of 'strike' and if so, whether action can be taken against such employees for violation of the conduct rules.it is, therefore, clarified that 'strike' means refusal to work or stoppage or slowing down of work by a group of employees acting in combination and includes -(i) mass abstention from work without permission (which is wrongly described as "mass casual leave");(ii) refusal to work overtime where such overtime work is necessary in the ..... the stand taken by the respondents in the reply statement that issuance of warning is only an administrative action and it does prevent the disciplinary authority from taking disciplinary action under the relevant provisions of ccs (cca) rules, is at variance with the finding of the appellate authority in annexure a-2 order dated 24.12.2008. ..... the disciplinary authority, taking into consideration of the contention of the applicant that he had remained in the section upto 5.30 p.m. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... (a) dated 09.12.1966 as under :"(2) interpretation of what constitutes a "strike" under the conduct rules - rule 7 (ii) of the central civil services (conduct) rules, 1964, provides that no government servant shall resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other government servant. ..... references have been received seeking clarification whether certain acts are covered under the definition of 'strike' and if so, whether action can be taken against such employees for violation of the conduct rules.it is, therefore, clarified that 'strike' means refusal to work or stoppage or slowing down of work by a group of employees acting in combination and includes -(i) mass abstention from work without permission (which is wrongly described as "mass casual leave");(ii) refusal to work overtime where such overtime work is necessary in the ..... the stand of the disciplinary authority that the issue of warning did not prevent him from taking disciplinary action subsequently was not endorsed by the appellate authority stating that the charged official should not be punished twice for the same charges. ..... his admission that he was very much present in the section on 22.12.06 proved that he did not participate in the demonstration on that day. ..... the disciplinary authority taking into consideration his contention that he remained in the section upto 5.30 p.m on 12.01.2007, had dropped the charges contained in article iv. .....
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