VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 472
873
N.Haribhaskar vs. State of Tamil Nadu,
1999(1) SLJ CAT MAD 311
The applicant, Chief Secretary of Tamil Nadu, while under
extension upto 30-6-96, was placed under suspension on 5-6-96.
The suspension came to an end on 30-6-96 on his retirement from
service. A charge sheet was issued on 17-7-96. It was contended
by the applicant that as the suspension came to an end on 30-6-96
no action could be taken thereafter.
The Central Administrative Tribunal, Madras held that
proceedings were already instituted on 5-6-96 and as such charge
sheet could be issued on 17-7-96. The disciplinary action to be taken
against the applicant under D&A Rules must be instituted before he
retired from service and it has been done in this case by passing an
order of suspension on 5-6-96. The disciplinary proceedings instituted
on 5-6-96 can be continued under rule 6(1)(a) read with Explanation
(a) of DCRB Rules. The departmental proceedings already initiated
as contemplated under Explanation (a) to Rule 6 of the DCRB Rules,
1958 can be continued under Rule 6(1)(a) as it is deemed to be a
proceedings under sub rule (1)(a) of Rule 6 of the DCRB Rules,
1958. A conjoined reading of Rule 6(1)(a) and Explanation (a) shows
that the departmental proceedings shall be deemed to be initiated, if
charges are framed or if the employee is placed under suspension
from an earlier date. The applicant has been kept under suspension
before the date of his superannuation. The proceeding is deemed to
be instituted on 5-6-96 itself and had to be continued as if the
pensioner remained in service beyond 30-6-96. The issue of charge
sheet on 17-7-96 under the D & A Rules is part of the proceedings.
The Tribunal held that it is open to the respondent to proceed under
the AIS (DCRB) Rules, 1958 as the applicant has attained the age of
superannuation and has retired.