Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1971

Supreme Court of India · 1971-02-12

GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS & ORS. vs TARAK NATH GHOSH

Citation / case number
SC 1968/60035
Court
Supreme Court of India
Petitioner
GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS & ORS.
Respondent
TARAK NATH GHOSH
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the All India Services (Discipline and Appeal) Rules, 1955, allow for the suspension of a member even before definite charges are communicated, as per Rule 7. The Court clarified that the term 'charges' encompasses preliminary inquiries and that the initiation of disciplinary proceedings can occur upon the Government's satisfaction of a prima facie case against the officer. The Court upheld the suspension order, stating that the mention of contemplated proceedings does not negate the necessity for suspension when serious allegations are made.

GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS & ORS. vs TARAK NATH GHOSH · Niyam