Case Note & Summary
The case involved an appeal by a cash clerk from the Delhi Milk Scheme whose services were terminated under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, following a suspension due to a criminal case. After being acquitted, the appellant's termination was set aside by the Central Administrative Tribunal, which directed that he remain under suspension from the date of termination. The management subsequently placed him under suspension retroactively under Rule 10(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The Supreme Court analyzed the applicability of Rule 10(4), which requires that the original termination must be a penalty and that a further inquiry must be initiated. The court found that the original termination was a simpliciter discharge and not a penalty, thus Rule 10(4) was not applicable. The court held that the retrospective suspension was unjustified and directed that the appellant be reinstated with back wages, modifying the Tribunal's order accordingly. The appeal was allowed without costs.
Headnote
A) Service Law - Retrospective Suspension - Justification of Retrospective Suspension - Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 10(4) - The court held that retrospective suspension is unjustified as the original termination was not a penalty but a simpliciter termination, thus Rule 10(4) does not apply. The court directed reinstatement with back wages since the termination order was set aside by the Tribunal (Paras 334-335).
Issue of Consideration
Whether the retrospective suspension of the appellant was justified under Rule 10(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
Final Decision
The Supreme Court allowed the appeal, modifying the Tribunal's order, stating that the retrospective suspension was unjustified and directed reinstatement with back wages.
Law Points
- Service Law
- Termination of Service
- Retrospective Suspension
- Central Civil Services (Classification
- Control and Appeal) Rules
- 1965
- Rule 10(4)
