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DISCIPLINARY ACTION AGAINST RETIRED GOVERNMENT SERVANT

Central Excise - By: - Mr. M. GOVINDARAJAN - Dated:- 20-2-2016 Last Replied Date:- 24-2-2016 - Disciplinary action is being taken against the erring official as per the rules framed in this behalf. We have witness many an officer/officer has been sus .....

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ith disciplinary action by the Government. In Union of India V. Sabu Joseph - 2016 (2) TMI 549 - KARNATAKA HIGH COURT the respondent was working as an Additional Commissioner of Central Excise at Mysore. He retired from service on superannuation on 3 .....

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also acknowledged the receipt of the charge sheet. The respondent approached the Central Administrative Tribunal challenging the issue of charge sheet after the retirement. The CAT allowed the application of the Officer and set aside the charge shee .....

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therefore, the department was justified in serving Articles of charge in between 10.00 p.m., and 11.00 p.m., on 31.03.2013. The same is deemed to be issued while the respondent was in service. The High Court did not accept the contentions of the Depa .....

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ns of misconduct or misbehavior and a list of documents and witnesses by which each article or charge is proposed to be sustained. Thus Rule 14(4) makes it clear that the disciplinary authority can serve a copy of the Articles of charge only the Gove .....

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ertified that the respondent, who was working as Additional Commissioner, is relieved of his duties from the Head Quarters, Mysore Commissionerate, Mysore in the afternoon of 31.03.2013. The Articles of Charge were served on the respondent in the nig .....

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l mid night as argued by the Department. Once the respondent was relieved from his official duty he will not continue as a Government Servant. Therefore it is clear that the Articles of Charge etc., were not served on the Government servant. The High .....

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an be initiated against the retired Government Servant under certain contingencies that too with the sanction of the President. In this case the sanction of the President or his delegate has not been obtained by the Department while initiating the De .....

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