VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 350
711
misbehaviour. Direction not to write roll number was clear and explicit.
It was printed on the first page of every answer book. Once it was
violated the issue of bonafide and honesty mistake did not arise. The
Supreme Court thus upheld the action of the Commission.
(350)
(A) Departmental action and acquittal
Disciplinary proceedings could continue after
acquittal in court prosecution.
(B) Suspension — deemed suspension
Deemed suspension on setting aside of order of
dismissal etc. where Government servant was not
under suspension at the time of dismissal,
distinguished.
Nelson Motis vs. Union of India,
1992(5) SLR SC 394:AIR 1992 SC 1981
A disciplinary proceeding was initiated against the appellant
on the basis of several charges and an inquiry was conducted. The
Inquiry Officer submitted a report holding that the charges had been
proved. The report was accepted by the disciplinary authority who
passed an order of removal of the appellant from service on 4-2-
1984. The order was confirmed in departmental appeal. The
appellant, thereafter, challenged the order of punishment by an
application before the Central Administrative Tribunal. It was
contended that since a copy of the inquiry report had not been served
on the appellant, the proceeding got vitiated in law. The plea was
accepted and the application allowed setting aside the penalty and
directing reinstatement of the appellant with the observations that it
would be open to the authorities concerned to take up the proceedings
afresh, unless they chose to drop the same.
The matter was considered and the authorities issued an
order that the disciplinary proceeding shall be continued and that in