Suspension Not Punishment, Merely Abeyance Of Employer-Employee Relationship: Telangana HC Says “Employer Can’t Be Saddled With Employee Facing Criminal Trial”

first_imgNews UpdatesSuspension Not Punishment, Merely Abeyance Of Employer-Employee Relationship: Telangana HC Says “Employer Can’t Be Saddled With Employee Facing Criminal Trial” Mehal Jain22 Sep 2020 2:05 AMShare This – xNoting that “suspension is not a punishment” and that it is “merely suspending the relationship between the employer and an employee”, the Telangana High Court on Wednesday reiterated that under civil service rules, an employee can be suspended either if a Criminal case is pending, or a Departmental Enquiry is contemplated.The Court was hearing the challenge to his suspension order by a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginNoting that “suspension is not a punishment” and that it is “merely suspending the relationship between the employer and an employee”, the Telangana High Court on Wednesday reiterated that under civil service rules, an employee can be suspended either if a Criminal case is pending, or a Departmental Enquiry is contemplated.The Court was hearing the challenge to his suspension order by a Deputy Tahasildar, against whom a F.I.R. had come to be registered on 24.07.2020 for offences under Sections 420, 468, 471, 506 read with 34 I.P.C., following which he was suspended on 31.07.2020. The appellant had challenged the legality of the order, dated 17.08.2020, passed by a Single Judge, whereby the writ petition filed impugning his suspension order, was dismissed.”Since the petitioner is facing both the Criminal trial, and a Departmental Enquiry, the employer cannot be saddled with such an employee”, said the bench of Chief Justice Raghvendra Singh Chauhan and Justice T. Vinod Kumar, holding the issuing of the suspension order as justified.The bench noted that Rule 8 of the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991 clearly states that an employee can be suspended either if a Criminal case is pending, or a Departmental Enquiry is contemplated. “In the present case, admittedly, the Article of Charges has been furnished to the petitioner on 31.07.2020. Thus, obviously a Departmental Enquiry has commenced. Moreover, undoubtedly, an F.I.R. has been registered against the petitioner on 24.07.2020 at Police Station, Karimnagar Rural for offences under Sections 420, 468, 471, 506 read with 34 I.P.C”, recorded the bench, commenting that, thus, both the conditions, prescribed by Rule 8 of the Rules are fulfilled in the present case.The counsel for the petitioner, submitted that the petitioner is almost at the end of his service career, as he is about to retire within a period of one year. Secondly, the allegations made against him relate to the year 2005-2006. Therefore, by suspending the petitioner, after a lapse of almost fourteen years, will not serve any fruitful purpose. Thirdly, the alleged complaint on the basis of which the Criminal case has been registered against the petitioner also relates to the period of 2005- 2006, and that the complainant has already lost his case before the revenue authorities. It was urged that even the F.I.R. is a false and frivolous one, and has been lodged merely to harass the petitioner. Thus, it was prayed that the impugned order deserves to be set aside by this Court.Observing that whether the F.I.R. is a false or frivolous one cannot be decided by the High Court, for, it is for the Trial Court to decide about the veracity and authenticity of the F.I.R., and that therefore, the contentions raised by the counsel for the petitioner that the F.I.R. is a false and a frivolous one is clearly untenable, the bench dismissed the appeal.Click Here To Download Judgment[Read Judgment]Next Storylast_img read more

Phase two in the Southern Tier is a go, before that, there was confusion

first_imgFor a closer look at Governor Andrew Cuomo’s response to the Phase 2 confusion, click here. But despite the Phase 2 delay, owner Heidi Weeks is now prepared for customers to enter the doors. “All of this is absolutely mind-blowing to me,” Parker said. “We have spent hours and days in preparation, studying CDC, New York State guidelines, things that we already meet. Extreme disappointment.” Real estate, a service listed under Phase 2 as well, is also back on, with real estate broker John Burns saying he was glad the state erred on the side of safety even if it meant a slight delay. Sherette parker is the owner of SalonTREND in Vestal, a hair service part of Phase 2. “I love my store more than anything in the world and I just want to share it,” Weeks said, “We have all our little hand sanitizer stations ready. I have instructions for my staff about cleaning.”center_img Parker told 12 News she and the salon had a significant amount of money and had 18 customers booked for haircuts on Friday before she heard the news Phase 2 had been delayed. (WBNG) – Five regions in New York state have been given the green light to move to Phase 2 of the state’s reopening plan, but before the news, there was confusion and frustration. “Measure twice cut once, so we don’t have to go back and apologize to the world that we did it the wrong way,” Burns said. “I’m kind of glad that they are being super cautious.” In Binghamton, Mabel D. Orr of Fashion Boutique was ready to make the jump from curbside service to opening their doors for the first time since March 13.last_img read more

Audio: Moving America Forward rally

first_imgExcerpts from the Moving America Forward rally, held on the campus of the University of Southern California on Friday, October 22nd, 2010.Audio courtesy of KXSC student radio AM 1560.Democratic gubernatorial candidate Jerry Brown:Democratic senatorial candidate Barbara Boxer:President Barack Obama (part 1):President Barack Obama (part 2):last_img

England players to challenge in France

first_img23 Jun 2016 England players to challenge in France Will Enefer, James Walker and Jack Yule will head to France next month to represent England in two prestigious stroke play events. The Chiberta Grand Prix takes place from 7-10 July and the Biarritz Cup will be played from 14-17 July. The players: Will Enefer, 18, (Wrekin, Shropshire) reached the last 32 in the Amateur Championship and has had top tens in the Welsh and Irish stroke play championships and the Berkhamsted Trophy. He was an U18 international. (Image © Leaderboard Photography). James Walker, 22, (The Oaks, Yorkshire) made his England debut in the recent international against France, helping the team to victory. He was sixth in the Lytham Trophy and ninth in the Welsh stroke play. Jack Yule, 21, (Middleton Hall, Norfolk) also reached the last 32 at the Amateur. He was runner up in the Italian international, eighth in the Hampshire Salver and ninth in the Portuguese amateur.last_img read more

Rolle ready to accepts dual career path

first_imgby Michael MarotINDIANAPOLIS (AP)—Safety Myron Rolle figured out the proper balance between football and academics long ago.His priority: Becoming a neurosurgeon after football ends in 10 to 12 years.So could his passion for football wind up ruining the precious hands of a future surgeon? ‘ROLLE’ MODEL —Florida State safety and Rhodes Scholar Myron Rolle waits for for NFL draft. “That’s not something I really worry about,” Rolle said Sunday at the NFL’s annual scouting combine. “When I’m on the football field, I’m a football player. I’m tough, I’m physical, I’m aggressive and I like contact. I want to do some violent things on the field. That’s the total opposite of how you need to be as a neurosurgeon.”Anyone who has walked through an NFL locker room has seen fingers that are, well, bent out of shape.Rolle insists this dual-career path can happen. He has not played football since 2008 because he spent the past year studying as a Rhodes Scholar in England. To stay in shape, Rolle played rugby, then returned to the U.S. in December to start preparing for the NFL draft.Last month, he worked out for scouts at the Senior Bowl and now he’s in Indy trying to wow them with pure athleticism.But Rolle’s outspoken desire for life after football is also creating plenty of questions about his devotion to the sport.“My answer to them (scouts), which is a genuine and truthful answer, is that I think my pursuits academically have helped me in football,” Rolle said. “You learn discipline, you learn time management, you learn structure, you learn organization and as a football player those are obviously valuable assets and traits you can use to be great whether in film studies or on the field.”last_img read more