National University Employees (Discipline and appeal) Regulations

 

National University Employees (Discipline and appeal) Regulations

Clause-10

In the
instant case we find that the petitioner was put under suspension on 10.06.2004
(Annexure-’A) without giving him chance to go on leave as provided under
Regulation No10 and a show cause notice was issued on 21.03.2005 (Annexure-’B’)
but no proceeding has yet been drawn up. It appears that the petitioner was
suspended about 10 months before issuing show cause notice to him. —It appears
that no charge was framed against the petitioner nor any enquiry officer was
appointed by the authority within the period of about 10 months from the date
of putting him under suspension as such issuance of show Case notice
(Annexure-B) at such belated stage renders it to be a concerted device of
harassment instead of starting a proceeding. — Held: we are constrained to hold
that the impugned order of suspension (Annexure ‘A’) and show cause notice
(Annexure-’B’) were passed in violation of the service Regulations of the
National University and accordingly not sustainable in law.

Md. Zulfikar Mahmud
Vs. The National University & Ors 15 BLT (HCD) 51.