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suspension for violating code of conduct without trial


12-Feb-2023 (In Civil Law)
suspended from state govt service for the subjected case on attaining a gathering where the local MLA was present and others villagers were present during the period of code of conduct,without being trial ,source of evidence media footage,suspended by district collector.
Answers (2)

Answer #1
654 votes
Has any kind of department enquiry been initiated against you, has there been any show cause notice issued to you? If the answer is in negative, then you can approach the appropriate court of law challenging the suspension order as the same would be vitiated by non compliance of principles of natural justice.

You should immediately file a representation before your appointing authority asking to revoke your suspension orders and seeking clarification on what grounds/charge have you been suspended.

In any case you cannot be placed under suspension for more than 3 months in view of certain recent rulings by the Apex Court.
Answer #2
667 votes
On the basis of media footage no one can penalized . If you are not asked for explanation or you are not given opportunity to submit your show cause then the order is illegal. You challenge the departmental proceeding initiated against you

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