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.

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