9911796707
|
Home
Issues involved:
The appeal challenges an interlocutory order passed by the High Court regarding the suspension of a Cashier from service due to alleged embezzlement of funds at the Agricultural Market Committee. The main issues include the authority's power to pass a suspension order a second time in the same matter, the delay in completing the disciplinary proceedings, and the High Court's interference with the suspension orders. Suspension Order Issue: The respondent, a Cashier at the Market Committee, was suspended twice due to alleged embezzlement. The High Court stayed the second suspension order, citing lack of authority to pass it. The Supreme Court held that there is no restriction on passing a suspension order a second time, especially when there are serious accusations of financial misconduct. The Court emphasized the need to keep delinquent employees away during investigations, and the High Court's decision to stay the suspension was deemed incorrect. Delay in Disciplinary Proceedings: Although there was a delay in filing the charge-sheet after the initial suspension, the Supreme Court noted that the nature of the case, involving embezzlement over several years and multiple individuals, justified the time taken. The Court highlighted the importance of allowing disciplinary proceedings to continue without hindrance, even if delays occur, as long as the authorities act diligently. The High Court's decision to revoke the suspension based on delay was deemed inappropriate. High Court Interference: The High Court revoked the suspension orders against the respondent, citing lack of evidence connecting him to the misconduct. However, the Supreme Court emphasized that the management's decision to suspend was based on preliminary reports and material evidence available. The Court held that unless there is clear evidence of mala fide intent or lack of prima facie evidence, courts should not interfere with suspension orders. Therefore, the Supreme Court set aside the High Court's decision and reinstated the suspension order, urging the completion of the inquiry promptly.
|
