When is departmental or judicial proceeding deemed to be instituted?

1.	When is departmental or judicial proceeding deemed to be instituted?
Answer» (a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date; (b) Judicial proceedings shall be deemed to be instituted- (i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and (ii) In the case of civil proceedings, on the date the plaint is presented in the court.

Answer»

(a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;

(b) Judicial proceedings shall be deemed to be instituted-

(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and

(ii) In the case of civil proceedings, on the date the plaint is presented in the court.

Discussion

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