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.