Legal Question in Administrative Law in India

Service Matter
Suspended Charged Court Orders

''Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for
reasons of malafides as detailed above. The equities can be balanced by providing the Respondents No.1 and 2 one more opportunity to objectively examine
the allegations of misconduct of the petitioner and to take appropriate action required, if any. In doing so the respondents No.1 and 2 should also call for the comments of the petitioner and conduct a preliminary fact finding inquiry before embarking upon any full-fledged disciplinary proceeding.

In the circumstances as given above, the impugned orders of suspension and memorandum of charges are quashed. The respondent-ICHR now headed by the present Chairman will be entitled to make an objective assessment of allegations against the petitioner in the manner described in the previous paragraph and if required may serve him with a fresh charge-sheet, if so advised. The impugned orders will be deemed to to be non est and the entitled to all consequential benefits

Can same charge served. Can rtd Judg IO

Asked on 4/27/08, 8:15 am

Homi Maratha N.N. Maratha & Co.-Advocates

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0 attorneys agreed

Re: Service Matter

Your question is not clear.

Have you printed the question from some book.

Please state your query clearly.

Answered on 4/29/08, 6:50 am

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