AIR 1974 SUPREME COURT 1281 ::1974 LAB. I. C. 984 ::1974 4 SCC 396 ::1974 ServLJ 379 ::1975 (1) SCR 138 ::1974 2 ServLR 187 ::1974 SCD 729

Supreme Court Of India

(From Delhi: ILR (2972) Delhi 269)

Hon'ble Judge(s): P. N. Bhagwati, P. K. Goswami , JJ

Index Note:- (A) Central Civil Services (Classification, Control and Appeal) Rules (1965) , R.10(5)(b), R.34 Proviso (b)— Applicability of rules to pending proceedings under repealed rules of 1957. Brief Note: - (A) An order of suspension made under R. 12 (1) of the CCS(CCA Rules, 1957 can be continued under R. 10 (5) (b) of 1965 Rules because proviso (b) to R. 34 of 1965 rules makes these rules applicable to pending proceedings under the 1957 rules notwithstanding their repeal.(Para 4) Index Note:- (B) Central Civil Services (Classification, Control and Appeal) Rules (1965) , R.10(3), R.10(4), R.10(5)— Conditions for applicability - Order of suspension - On dismissal suspension comes to end - On setting aside dismissal, order of suspension directed to continue under R. 10 (5) (b) - Not valid. Brief Note: - (B) The appellant, a Government servant, was suspended from service by an order of the President dated 11-4-1963 pending a criminal prosecution against him. Later on, a departmental inquiry was also started against him on 8-3-1965 on charges which were different from those on which he was being prosecuted. The applicant was convicted of the criminal charge and the conviction was confirmed by the High Court in appeal. During the pendency of....