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 Law of Suspension
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Law of Suspension

by M.S. Nila (Revised by R. Prakash)
Edition: 4th Edition, 2007 with Supplement, 2014
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 Law of Suspension 0 Reviews | Write A Review
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Product Details:

Format: Hardcover/ebook
Pages: 354 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9789351450070
Dimensions: 22*16*2 CM
Publisher Code: AC/087, EA/1063
Date Added: 2019-02-11
Search Category: Lawbooks,ebooks
Jurisdiction: Indian

Overview:

This book explains the principles relating to scope of suspension, consequences of suspension, automatic or deemed suspension, authority competent to suspend, justification of order, period of suspension, subsistence allowance, reinstatement, and other allied aspects relating to suspension.

Reviews

 

  • The Management Accountant:

 

      The author's grasp and mastery of the subject is evident from the treatment given to the various aspects of the subject starting from the meaning of Suspension, its scope, validity, different kinds of suspension, competent authority, retrospective suspension, duration, remuneration during suspension period etc.?How to challenge suspension order is also well treated. The relevant case-law has been included at appropriate places.

 

  • The Madras Law Journal :

 

      The author has taken note of leading judicial decisions in his exposition. The book carries a Table of Cases as well as a Subject-Index and is complete in every respect. The book will be highly useful to public servants as well as to persons in the administrative machinery.

 

  • Kerala Law Times :

 

      The book presents in a simple manner the salient features of the law of suspension. Every provision of the law of suspension has been lucidly explained. This is a book well worth its price, to be kept on the table of anyone who has anything to do with the subject.

 

  • All India Reporter :

 

    The author has dealt exhaustively with all the aspects of suspension from the point of view of the employer and the employee. It will help the employee to know his rights and liabilities and how to ride over the problem, while it provides good guidance to the employer in the matter of suspension and the correct procedure to follow while suspending an employee. A useful guide to the employer and employee; trade union workers, lawyers and social workers.
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Table Of Contents:

 

  • CHAPTER I : MEANING AND SCOPE OF SUSPENSION

 

      • Meaning of suspension
      • Nature of suspension
      • Scope of suspension
      • Approval of suspension

 

  • CHAPTER II : VALIDITY OF SUSPENSION

 

      • Grounds of suspension : Justification
      • Suspension vitiated by bias and mala fides
      • Failure to review suspension periodically
      • Second suspension order on same grounds
      • Challenge against the validity of suspension as an industrial dispute

 

  • CHAPTER III : KINDS OF SUSPENSION
  • CHAPTER IV : SUSPENSION PENDING DISCIPLINARY PROCEEDINGS
  • CHAPTER V : SUSPENSION PENDING CRIMINAL PROCEEDINGS
  • CHAPTER VI : SUSPENSION BY WAY OF PUNISHMENT
  • CHAPTER VII : AUTHORITY COMPETENT TO SUSPEND

 

      • Right to employer to suspend
      • Authority empowered to suspend
      • Authority to suspend cannot be delegated
      • Power to suspend Judicial Officers

 

  • CHAPTER VIII : ARTICLE 311 OF THE CONSTITUTION NOT APPLICABLE
  • CHAPTER IX : DEEMED OR AUTOMATIC SUSPENSION
  • CHAPTER X : RETROSPECTIVE SUSPENSION
  • CHAPTER XI : SUSPENSION ORDER EFFECTIVE ONLY ON COMMUNICATION
  • CHAPTER XII : CONSEQUENCES OF SUSPENSION

 

      • Right of employee to work
      • Right of employer to ask employee not to leave the headquarters
      • Right of employer to ask employee to sign in attendance register
      • Suspension, if amounts to punishment
      • Whether suspended employee can resign
      • Retirement on superannuation
      • Compulsory retirement or termination
      • Whether period of suspension excluded in computing
      • period of probation
      • Whether promotions and increments affected by suspension
      • Right to work as defence assistant
      • Confirmation : Sealed cover procedure
      • Promotion : Sealed cover procedure
      • Fixing seniority on promotion after exoneration
      • Compassionate appointment for suspended employee's widow

 

  • CHAPTER XIII : DURATION OF SUSPENSION : REVOCATION
  • CHAPTER XIV : SUBSISTENCE ALLOWANCE DURING SUSPENSION

 

      • Payment of subsistence allowance depends on rules
      • Payment of wages during suspension
      • Effect of non-payment of subsistence allowance
      • Whether subsistence allowance is wages
      • Variation in amount of subsistence allowance
      • Suspension by way of punishment
      • Revision of pay scale : Whether affected by suspension
      • Recovery of paid subsistence allowance whether permissible?

 

  • CHAPTER XV : PAY AND ALLOWANCES ON REINSTATEMENT-REGULARISATION

 

      • Reinstatement on revocation etc. of suspension
      • Employee retiring during suspension
      • On acquittal by criminal court
      • When minor penalty imposed
      • Opportunity of hearing
      • Decision whether employee entitled to full pay and allowances
      • or not for the period of suspension

 

  • CHAPTER XVI : REINSTATEMENT ON SETTING ASIDE OF DISMISSAL ETC. BY COURT
  • CHAPTER XVII : REINSTATEMENT ON SETTING ASIDE DISMISSAL ETC. IN DEPARTMENTAL

 

      PROCEEDINGS

 

  • CHAPTER XVIII : CHALLENGING ORDER OF SUSPENSION

 

      • In departmental proceedings
      • Before Administrative Tribunals
      • Before Civil Courts and High Courts
      • Before the Supreme Court

 

  • CHAPTER XIX : GROUNDS FOR CHALLENGING ORDER OF SUSPENSION
  • CHAPTER XX : PROLONGED SUSPENSION
  • CHAPTER XXI : LIMITATION FOR CLAIMING WAGES FOR PERIOD OF SUSPENSION
  • CHAPTER XXII : DEFIANCE OF SUSPENSION ORDER
  • APPENDIX I
  • STATUTORY RULES ON SUSPENSION

 

      • All India Services (Discipline and Appeal) Rules, 1969
      • Delhi Police (Punishment and Appeal) Rules, 1980
      • Fundamental Rules and Supplementary Rules
      • Indian Railway Establishment Code, Vol. II
      • Railway Servants (Discipline and Appeal) Rules, 1968
      • Central Civil Services (Classification Control and Appeal) Rules, 1965
      • Kerala Payment of Subsistence Allowance Act, 1972
      • Tamil Nadu Payment of Subsistence Allowance Act, 1981
      • West Bengal Payment of Subsistence Allowance Act, 1969
      • Shastry Award
      • Desai Award

 

  • APPENDIX II
  • STANDARD FORMS

 

      • Certificate to be furnished by the suspended official
      • Order placing an officer under suspension when he is
      • detained in custody
      • Standard form of order of suspension
      • Standard form of order for revocation of suspension order

 

  • SUBJECT INDEX

 

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