Supreme Court of India
Government of Nct (delhi) and Another v. K. Srivatsan
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, the instant appeal is allowed, the A orders dated 15.11.2011 passed by the Tribunal in Original Application NO. 1188 of 2011 and the order dated 30.04.2012 passed by the High Court in Writ Petition(C) No.2495 of 2012 are set aside.
Judgment, page 10
From the headnote
Central Civil Services (Pension) Rules, 1972: rr. 9(2)(b)(ii), 9(6)(a) - Withholding of gratuity pending departmental proceedings - Held: r.9(2)(b)(ii) mandates that no departmental proceedings can be initiated after the retirement of an employee, unless a charge sheet has been issued within four years of the event of delinquency - r. 9(6)(a), by a deeming fiction of law mandates that departmental proceedings will be deemed to have been initiated against an employee who has been placed under suspension - In the instant case, respondent was placed under suspension, for the first time, on 3.
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