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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST
created Dec 6th, 01:52 by Anamika Shrivastava
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he has to be taken to hospital shall also be considered in the light of evidence of other witnesses. Whether this witness was residing in village Piplod or Rustampur is also an important aspect which shall be taken into consideration. The delay in recording of his police statement shall also be taken into consideration. So far as the notices issued in Writ Appeal filed by other aggrieved person is concerned, the same will not have any effect on this case because in the present case, appellant who was holding the substantive post of Clerk and had issued the order of revocation of order of suspension on his own and under his own signatures and seal. The Appeal against the order of suspension was already pending and this Court had directed for disposal of said Appeal. Appellant was not in any manner authorized to issue the order of revocation of suspension. Furthermore, the defence taken by the respondents before the Writ Court that since Ghanshyam Prasad Sen was due for retirement, therefore the order of revocation of suspension was passed but the Hon'ble Single Judge found that there were two working days prior to the retirement of Ghanshyam Prasad Sen and therefore, there was no need to issue an order of revocation of suspension. Even otherwise, once the appellant had no authority whatsoever to issue an order of revocation of suspension, then whatever was done by him was illegal. Article 20 of Constitution of India and Section 300 of Cr.P.C. would not apply in the present case. The only valid ground for claiming that the disciplinary proceedings may be stayed would be to ensure that the defence of the employee in the criminal case may not be prejudiced. But even such grounds would be available only in cases involving complex questions of facts and law. Such defence ought not to be permitted to unnecessarily delay the departmental proceedings. The interest of the delinquent officer as well as the employer clearly lies in a prompt conclusion of the disciplinary proceedings. Suffice it to say that while there is no legal bar to
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