...error in reversing the decision of the learned Single Judge on one of the crucial points, namely, non-compliance with Fundamental Rule 55 and complete vagueness and indefiniteness of the charges on...Fundamental Rule 55 which provides, inter alia, that without prejudice to the provisions of the Public Servants Enquiry Act, 1850, no order of dismissal, removal or reduction shall be passed on a member of...Fundamental Rule 55 provides, as stated before, that the charge should be accompanied by a statement of allegations. The whole object of furnishing the statement of allegations is to give all the...

...materials to the appellant to defend himself. In the context of the above facts the Court then observed that the whole object of furnishing the statement of allegations under Fundamental Rule 55 was to...proceedings show a complete disregard of Fundamental Rule 55 insofar as it lays down in almost mandatory terms that the charges must be accompanied by a statement of allegations. We have no manner of doubt...Court laid emphasis upon the requirement of furnishing the statement of allegations in Fundamental Rule 55; but it cannot be said that this Court laid down, as an abstract proposition of law in Surath...

...The petitioner, a Plumber working in the P. .0. of the State of Goa is a workman. As per Fundamental Rule 55(h) a workman shall retire frmn service on the...Fundamental Rule 55(h) a workman shall retire frmn service on the afternoon of the last day of the month in which he attains the age of 60 years. Disregarding this provision the ree- pondehts...industry and the Plumbers are workmen who are entitled to the benefit of Rule 56(b) of the Fundamental Rules. It has been so held in Writ Petition No.309/94 dated 6th March, 1966...

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...learned counsel for the pafties ar length. 5. Fundamental Rule 55(a) of the Fundamental Rules is in pai mateia with Section 3 of the Act. Fundamenml Rule 56(a) has been...

...Supreme Court considered the provision of Rule 55 of the Fundamental Rules and laid down - not only it was important to give opportunity to the delinquent, during a domestic enquiry proceeding but that...such enquiry must be founded on specific charge/s requiring that enquiry. That statutory prescription of Rule 55 of the Fundamental Rules was traced to and founded in the essential principles of...decision of the learned Single Judge on one of the crucial points, namely, non-compliance with Fundamental Rule 55 4...

...precisely for this reason that Fundamental Rule 55 provides, as stated before, that the charge should be accompanied by a statement of allegations. The whole object of furnishing the statement of...of Fundamental Rule 55 insofar as it lays down in almost mandatory terms that the charges must be accompanied by a statement of allegations. We have no manner of doubt that the appellant was denied a...chargesheet. 32. Note 1 attached to Rule 2 of the Rules of 1935 underlines that the procedure stipulated in Rule 55 of the Rules of 1930 must be followed prior to...

...the panies at length. 5. Fundamental Rute 56(a) o[ the Fundamental Ru]es $rn pai matena with Section i of the Act. Fundamental Rule 55(a...

...has been permitted to continue in service up to the age of 60 years. We have heard the learned Counsel for the parties.4. Fundamental Rule 56, the relevant extract of which is reproduced below, has fixed the age of th...Rule 55 has fixed the age of retirement at 60 years”.6. The appellant was although recruited as a Group ‘D’ employee in the Department but he was subsequently promoted as Junior Engineer...of the case. That apart, the grant of interim order in the earlier case does not prevent the Court from deciding a writ petition filed subsequently on merit. In the instant case. Fundamental Rule 56...

...may be in the contemplation of the authorities to be established against him. ... The entire proceedings show a complete disregard of fundamental rule 55 in so far as it lays down...consideration in passing orders has also to be stated. This Rule embodies a principle which is one of the basic contents of a reasonable or adequate opportunity for defending oneself. If a person is not told...

...reference may be made to Fundamental Rule 55 which provides, inter alia, that without prejudice to the provisions of the Public Servants Enquiry Act, 1850 no order of...against him……………………………… It is precisely for this reason that Fundamental Rule 55 provides, as stated before, that the charge should be accompanied by a statement of allegations. The whole object of...entire proceedings show a complete disregard of Fundamental Rule 55 in so far as it lays down in almost mandatory terms that the charges must be accompanied by a statement of allegations. We have no...

...reference may be made to Fundamental Rule 55 which provides, inter alia, that without prejudice to the provisions of the Public Servants Enquiry Act 1850 no order of dismissal removal.../2023 JUDGMENT : 1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally...residing at headquarters, (3) inaction in daily disposal, zero pendency and classification of record, (4) breach of Rule 3 of Maharashtra...

...complete disregard of Fundamental. Rule 55 in so far as it lays down in almost mandatory terms that the charges, must be accompanied by a statement of allegations. We have no manner of doubt that the...insubordination to duty and this conduct is unbecoming of a Railway Service in violation of Rule 3.1(i), 3,l(iii) of Railway Services (Conduct) Rules, 1966 and as amended time to time...violatidn of Rule 3.1(i), 3.1(iii) of Railway Services (Conduct) Rules, 1966 and as amended time to time. j Article-Ill '{ On 16.01.2020 Shri Shobhan Mondal, SSE...

...the Respondents would submit that Fundamental Rule 55 provides discretion on the part of the Authority for grant of leave. Ld. Counsel for the Respondents would submit that grant of leave is an...). This Court does not find any reason to deviate from the opinion expressed in the Interim Order. 19. Insofar as the Fundamental Rule 55 is concerned, the subsequent...the premise that those Rules are not only the special Rules related to The All India Services but also that they are the latest rules when compared to Rule 55 of the Fundamental Rules of 1922...

...rejection order based upon Fundamental Rule 55 cannot be sustained. 4 11. It has been contended on behalf of Visva...-Bharati that grant of study leave is not a matter of right and thus, the application for study leave has been rightly rejected on the ground of suspension of the petitioner in terms of Fundamental Rule 55. ...university declined to grant such study leave by a letter dated May 4, 2022, on the sole ground that as a suspended employee, the petitioner is not entitled to such leave in terms of Fundamental Rules- 55...

...definite to furnish materials to the appellant to defend himself. It is precisely for this reason that Fundamental Rule 55 provides, as stated before, that the charge should be accompanied by a...Constitution as they existed at the material time. The entire proceedings show a complete disregard of Fundamental Rule 55 insofar as it lays down in almost mandatory terms that the charges must be...within the meaning of this rule:a - Termination of service or revision to lower grade or post of an employee appointed or promoted on probation during the period of his probation...

...Fundamental Rule 55 (c), the proviso to Fundamental Rule 53(1)(a) states that if a Government servant under suspension continues to be under suspension after the date of compulsory retirement, the...this view, he relied on rule 56(c) of the Fundamental Rules. In that view, he also held that the plaintiff was entitled to the suspension allowance as per the rules till a...Officer originally by the Madurai Municipality and continued later in the same position by the Madurai Municipal Corporation, the Fundamental Rules are applicable to the plaintiff. Under Fundamental Rule...

...-Bench the provisions of Fundamental Rule 55(a) were amended by the Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) ordinance, 1969, which substituted...., validity of proviso to clause (a) of Fundamental Rule 56 (as is existed prior to its amendment in 1969) was challenged on the ground that it violated Articles 14 and 16 of the...order of compulsory retirement passed under Rule 165-A of the Bombay Civil Service Rules, as adopted and amended by Saurastra Government, was under consideration. Under...

...U.P Fundamental Rule 55, action can be taken when an officer has attained the age of 55 years. In the present case the State Government took action when the petitioner was only 53 years...Regulations stands cancelled by virtue of U.P Fundmenetal Rule 56. This rule has recently been amended by U.P Act No. 5 of 1970. U.P Fundamental Rule...reason, require the Government servant to retire on three months' notice or pay in view of the whole or part thereof, after he attains the age of 55 years. According to the explanation to rule 56, the...

...capable of being intelligently understood and was not sufficiently definite to furnish materials to the appellant to defend himself. It is precisely for this reason, the Fundamental Rule 55 provides...as Inspector in the respondents organization, was issued a charge memorandum under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, containing two Articles of Charge..., Shri A. Anand Reddy exhibited lack of integrity, failed to maintain devotion to duty and acted in a manner unbecoming of a Government Servant thereby contravened Rule 3(1)(i), (ii) & (iii) of the...