A. K. K. NAMBIAR versus UNION OF INDIA & ANR.

A. K. K. NAMBIAR versus UNION OF INDIA & ANR.

The order of suspension was validly passed under Rule 7(3) of the All India Service (Appeal and Discipline) Rules, 1955, as there was a pending investigation and trial on criminal charges. There was no evidence or proper pleading of mala fides against the suspension order; the affidavits were not properly verified and could not support the claim. Thus, no vice or illegality in the suspension order was established.

Parties
Appellant: A. K. K. Nambiar; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
28 October 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court Decision
Outcome
Appeal dismissed
Legal Topics
Suspension of Public Servant, Mala Fides, Affidavit Verification
Service Law Administrative Law Suspension of Public Servant Mala Fides Affidavit Verification

Case Brief

Summary, issues, holding and outcome

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Parties

A. K. K. Nambiar

Appellant

Union of India & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court Decision

Legal Issues

  1. 1 Whether the order of suspension was made under the correct rule of the All India Service (Appeal and Discipline) Rules, 1955?
  2. 2 Whether the order of suspension suffered from mala fides?
  3. 3 Whether the affidavits in support of mala fides were admissible?

Ratio Decidendi

The order of suspension was validly passed under Rule 7(3) of the All India Service (Appeal and Discipline) Rules, 1955, as there was a pending investigation and trial on criminal charges. There was no evidence or proper pleading of mala fides against the suspension order; the affidavits were not properly verified and could not support the claim. Thus, no vice or illegality in the suspension order was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Each party shall bear its own costs.