IN Union of India & ANR. Vs. Ashok Kumar Aggarwal (Civil Appeal No 9454 of 2013)
9. The power of suspension should not be exercised in an arbitrary manner and without any reasonable ground or as vindictive misuse of power. Suspension should be made only in a case where there is a strong prima facie case against the delinquent employee and the allegations involving moral turpitude, grave misconduct or indiscipline or refusal to carry out the orders of superior authority are there, or there is a strong prima facie case against him, if proved, would ordinarily result in reduction in rank, removal or dismissal from service. The authority should also take into account all the available material as to whether in a given case, it is advisable to allow the delinquent to continue to perform his duties in the office or his retention in office is likely to hamper or frustrate the inquiry.
Query: In 9 above “Refusal to carry out the orders of superior authority are there, ” here definitely means that lawful and reasonable order of superior or it has any other conclusion which can include in any circumstance order of superior authority beyond the delegated power of superior authority or order of the superior authority contrary to rule of the organization or contrary to Government guidelines issued for the benefit of General Public.
Asked 2 years ago in Labour from Chandigarh, Chandigarh