Dear friends,
As per second proviso to article 311(2) there shall be no need to hold an inquiry and give reasonable opportunity to the delinquent official where he is dismissed or removed or reduced in rank on the ground of his conduct which led to his conviction on a criminal charge or where it is not reasonably practicable to hold such inquiry in the view of the authority competent to dismiss him or where the president or the governor ,as the case maybe ,is satisfied that in the interest of security of state it is not expedient to hold such an inquiry .
This clause is upheld by apex court judgement also.
Based on this ,Rule 19 of CCS CCA rules 1965 is framed. But take into account of natural justice a proviso is added in rule 19 ,the govt. servant may be given an oppurtunity to submit a representation on the penalty proposed to be imposed on the delinquent official .
Tenkasi. With loving greetings,
13.01.2019. G Mariappan.
As per second proviso to article 311(2) there shall be no need to hold an inquiry and give reasonable opportunity to the delinquent official where he is dismissed or removed or reduced in rank on the ground of his conduct which led to his conviction on a criminal charge or where it is not reasonably practicable to hold such inquiry in the view of the authority competent to dismiss him or where the president or the governor ,as the case maybe ,is satisfied that in the interest of security of state it is not expedient to hold such an inquiry .
This clause is upheld by apex court judgement also.
Based on this ,Rule 19 of CCS CCA rules 1965 is framed. But take into account of natural justice a proviso is added in rule 19 ,the govt. servant may be given an oppurtunity to submit a representation on the penalty proposed to be imposed on the delinquent official .
Tenkasi. With loving greetings,
13.01.2019. G Mariappan.
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