Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suspension Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Suspension - A.P. Civil Services (Classification, Control and Appeal) Rules 1991 - rr.8 and 33 - Suspension of employee pending conclusion of disciplinary , proceedings - Employee filed O.A. before Tribunal which directed him to avail the alternative remedy of appeal, before invoking the jurisdiction of Tribunal - Employee fiied writ petition against the order of Tribunal - High Court allowed the petition by going into merits of the case and set aside the order of suspension holding the same to be malafide - On appeal, held: It was not a case where alternative remedy could be avoided - The Tribunal had not considered the case on merits and had only directed the employee to avail statutory remedy, hence, the High Court could not have gone into detailed examination of the alleged malafides of the suspension order - High Court should not have entertained . the writ petition when the Tribunal had disposed of the O.A. only on ground of availability of alternative remedy - Administrative Tribunals Act, 1985 - ss. 14 and 20- Remedy - Alternative remedy. Based on the report of Dy. Commissioner of Police as forwarded by the Commissioner of Police, the Director General of Police (DGP) placed respondent no.1 under suspension pending conclusion of disciplinary proceedings under r.8(1 )(a) of the A.P. Civil Services (Classification, Control and Appeal) Rules 1991. Aggrieved, respondent no.1 filed O.A. before the Tribunal which directed him to avail the alternative remedy of appeal under r.33, before invoking the jurisdiction of the Tribunal under s.14 of the Administrative Tribunals Act. Respondent no.1 filed writ petition against the order of Tribunal. High Court allowed the petition by going into the merits of the case and set aside the order of suspension holding the same to be malafide. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 538 |
Petitioner | The Govt. Of A.p. & Ors. |
Respondent | P. Chandra Mouli & Anr. |
SCR | [2009] 6 S.C.R. 374 |
Judgement Date | 2009-04-16 |
Case Number | 2588 |
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