Proper legal guidance for government servant.
It is a well settled legal position that the Government have an implied power to place a Govt. servant under suspension pending the completion of the departmental inquiry and in other words the employer is regarded as issuing an order to the employee which, because the contract is subsisting. suspended Govt. servant is not entitled to an opportunity of explanation for the order of suspension.
It has been held in D.N.Ganju v.State of J&K - (AIR 1964 J&K 14) that the High Court while exercising power in a writ cannot go into the question whether an order suspending a Govt. servant was or was not based on proper material. Under such circumstance is there any provisions for those who are place under suspension due to ulterior motive.
The only scope for a government servant who claims to have been suspended due to an ulterior motive is to establish the said motive before the court. The chances of success are always very bleak.
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