Can a person on state deputation be suspended by parent state government?

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Can a person on state deputation be suspended by parent state government?

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    • #1521
      Anonymous
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      Person X is working as a Government servant in State “A”. He is sent on state-to-state deputation to the state “B”. While he is serving under state “B”, after about two years, the state government of state “A” (the parent state) suspends that government person from his service.

      Can it be done by the parent state government since now that person was not working with his parent state and he was working on deputation in the other state?

    • #1522

      Merely because a Government servant has been sent on deputation from one state to another, does not mean that he is not subject to the rules of the parent state. In an appropriate case, the parent state can exercise its control over that government servant. From what you have mentioned in your limited facts, it appears that such government servant was suspended by the parent state government on the basis of some misconduct that perhaps occurred during the period when he was earlier working in the parent state. In such circumstances, it would be within the powers of the Government of the parent state to suspend him and initiate disciplinary action against him.

      As an example, the judgment of the Supreme Court in the case of Khemi Ram v. State of Punjab, (1976) 3 SCC 699 : AIR 1976 SC 1737, may be seen.

           


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