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Law of suspension and reinstatement

By: Material type: TextTextPublication details: New Delhi; Orient; 2006Description: 616 pISBN:
  • 9788187197225
Subject(s): DDC classification:
  • 342.0684 SHR
Summary: Consistent with the meaning of expression 'suspension', in the absence of any express rule, Government has no power to treat a Government servant as suspended during the period prior to the making of the order of suspension. Apart from this the power to suspend, in the sense of a right to forbid a servant to work is not an implied phenomenon in an ordinary contract between master and servant. Such a power can only be creature either of a statute governing the contract or of an express term in the contract itself. The employer is regarded as issuing an order, which because the contract is subsisting, the servant must obey, and that order, for so long as, it remains in force, prevents the servant from performing his part under the contract.
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Holdings
Item type Current library Call number Status Date due Barcode Item holds
Books Books Gandhi Smriti Library 342.0684 SHR (Browse shelf(Opens below)) Available 91989
Total holds: 0

Consistent with the meaning of expression 'suspension', in the absence of any express rule, Government has no power to treat a Government servant as suspended during the period prior to the making of the order of suspension. Apart from this the power to suspend, in the sense of a right to forbid a servant to work is not an implied phenomenon in an ordinary contract between master and servant. Such a power can only be creature either of a statute governing the contract or of an express term in the contract itself. The employer is regarded as issuing an order, which because the contract is subsisting, the servant must obey, and that order, for so long as, it remains in force, prevents the servant from performing his part under the contract.

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