<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2022 (3) TMI 1543 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=308825</link>
    <description>Service suspension is not governed by an absolute three-month rule. The Court held that Ajay Kumar Choudhary cannot be read as laying down a universal limit ending suspension if a charge-sheet is delayed, and that suspension remains a recognised preventive measure under service law. It further held that a later co-equal Division Bench view in R. Balaji could not override earlier binding larger Bench and Constitution Bench authority, and was treated as per incuriam. A challenge to suspension must be assessed on the facts, gravity of the allegations, and applicable service rules, and revocation with posting in a non-sensitive role cannot be granted automatically.</description>
    <language>en-us</language>
    <pubDate>Tue, 15 Mar 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 26 Jul 2023 08:17:02 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=720502" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (3) TMI 1543 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308825</link>
      <description>Service suspension is not governed by an absolute three-month rule. The Court held that Ajay Kumar Choudhary cannot be read as laying down a universal limit ending suspension if a charge-sheet is delayed, and that suspension remains a recognised preventive measure under service law. It further held that a later co-equal Division Bench view in R. Balaji could not override earlier binding larger Bench and Constitution Bench authority, and was treated as per incuriam. A challenge to suspension must be assessed on the facts, gravity of the allegations, and applicable service rules, and revocation with posting in a non-sensitive role cannot be granted automatically.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 15 Mar 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=308825</guid>
    </item>
  </channel>
</rss>