VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 145
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effect of suspending the contract of service. Besides, all that is
required for the purpose of rule 16(3) of the All India Services (DCRB)
Rules is that the employee should be a member of the All India
Services, that he should have attained the age of 50 years or
completed 30 years of service and the retirement should be in public
interest. Thus, for the application of this rule, it is immaterial whether
the employee is in active service or is on leave or is on deputation or
is under suspension, as under all these contingencies he continues
to be a member of the Service. In fact, rules 12(i), 12(iii) and 6(2)
expressly contemplate the retirement of a member of the Service
while under suspension. Considering all this, retirement of a member
of the Service under rule 16(3) while he is under suspension is legally
competent. Since the retirement was ordered in public interest, it did
not amount to a punishment.
(145)
Penalty — minor penalty, in major penalty proceedings
Minor penalty can be imposed without holding
inquiry where major penalty proceedings are
initiated.
I.D. Gupta vs. Delhi Administration,
1973(2) SLR DEL 1
The petitioner was an Assistant Gram Ekai Organiser in the
Directorate of Industries of Delhi Administration. Major penalty
proceedings were initiated against the public servant under rule 14
of the Central Civil Services (CCA) Rules, 1965. On receipt of a
detailed statement of defence in reply to the charge-sheet for major
penalty proceedings, the disciplinary authority was of the opinion that
imposition of major penalty on the public servant, was not justified
and that imposition of a minor penalty would meet the ends of justice.
The disciplinary authority, therefore, imposed a minor penalty of
censure on the public servant without holding a detailed oral inquiry
as prescribed for major penalty action.