HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar’s release; and more
A quick legal roundup to cover important stories from all High Courts this week.
compulsory retirement
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Balachandra Menon’s bail; Trade mark of Jack Daniels; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man
As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.
Punjab and Haryana HC upholds dismissal from service of a conductor who was implicated in 52 departmental proceedings
In the present case, respondent conducted proper departmental inquiry and found the petitioner guilty. The petitioner was involved in 52 cases and subjected to different punishments. The petitioner is claiming that dismissal from service is harsh punishment, and it should be substituted with compulsory retirement.
Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
Delhi High Court upholds Order setting aside compulsory retirement of IPS Officer Gurjinder Pal Singh
Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.
Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman
The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.
Whether punishment of ‘compulsory retirement’ in CRPF Rules intra vires CRPF Act? Supreme Court answers
“To keep the Force efficient, weeding out undesirable elements therefrom is essential and is a facet of control over the Force, which the Central Government has over the Force by virtue of Section 8 of the CRPF Act.”
Sexual Harassment| Teacher-student Relationship a ‘sacred one’; Delhi High Court upholds compulsory retirement of DU professor as punishment
Delhi High Court observed that what ultimately turned decisive was a voluntary acknowledgment by the appellant-professor of his acts of indiscretion in getting attracted by the charms of a young female student.
Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student
In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.
It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement
The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.
Madhya Pradesh High Court | Irregular grant of bail may reflect upon competency of the Judge but does not mean that he is corrupt; Compulsory retirement set aside
Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Vishal Mishra, J. allowed a writ petition and issued several
Delinquent postal officer voluntarily deposits defrauded amount with interest after detection of fraud. Was he able to escape punishment of removal from service? SC decides
Supreme Court: In a case where a Postal Assistant was accused of committing a fraud of Rs.16,59,065/- but had voluntarily deposited the
Ori HC | Retaining an employee in service if he lacks in the standard of efficiency required to discharge the duties of the post he presently holds is not in public interest
Orissa High Court: A Division Bench of B P Routray and S. Muralidhar JJ. dismissed the petition being devoid of merits. The
Railway Protection Force officer fails to detect & prevent thefts. SC answers if his compulsory retirement is justified or not
“A police officer in the Railway Protection Force is required to maintain a high standard of integrity in the discharge of his official functions.”
Centre to pay Rs. 1 Lakh compensation for improper handling of sexual harassment allegation by former RAW agent Nisha Priya Bhatia
Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has upheld the compulsory retirement for former RAW agent Nisha Priya
Raj HC | Court can exercise its power of judicial review if the quantum of penalty is disproportionate
Rajasthan High Court: A Division Bench of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. dismissed the appeal filed by Rajasthan State Road
Madras HC | Order of compulsory retirement is neither a punishment nor a stigma and principles of natural justice have no role play in ordering compulsory retirement
Madras High Court: The Division Bench of R. Subbhiah and T. Krishnavalli, JJ., dismissed a writ petition filed for issuance of a
Ori HC | No ambit of writ of certiorari under Article 226 when there is neither procedural irregularity in conducting inquiry nor violation of natural justice
Orissa High Court: A Division Bench of S.K. Mishra and Dr A.K. Mishra, JJ., dismissed the writ petition against the judgment declining
Compulsory retirement on mere ground of FIR registered against petitioner not to be sustained
Jammu and Kashmir High Court: A Single Judge Bench comprising of M. K. Hanjura, J., dealt with a petition where the question