Court setting aside the order of compulary retirement, removal, dismissal

4.5 Rule 10(4): Court setting aside the order of compulary retirement, removal, dismissal A Govt. servant might have been dismissed or removed or compulsorily retired from service and a court of law might have set aside the penalty order or declared such order void. In such a case, if the disciplinary authority holds further enquiry into the case, then such Govt. servant is deemed to have been placed under suspension from the date of the original order of punishment. Such order will remain in force 62 until further orders. Further enquiry is to be held only if the Court has set aside the order of penalty on technical grounds (without going into the merits of the case). Further inquiry into the charges which have not been examined by the court can, however, be ordered depending on the facts and circumstances of the case. 4.6 There are two conditions which must be satisfied in order to attract the operation of Sub-rule (4) of Rule 10 of CCS (CCA) Rules, 1965. Firstly, the order of dismissal, removal or compulsory retirement must be set aside in consequence of a decision of a Court of Law. Secondly, the disciplinary authority must decide to hold a fresh enquiry on the allegations on which the order of dismissal, etc. was originally passed. (H. L. Mehra Vs. Union of India - AIR 1974 SC 1281).