2025 SCC Vol. 8 Part 5
2025 SCC Vol. 8 Part 5: Explore the latest Supreme Court Cases on Constitution, Electricity, Service Law, Transfer of Property, and Consumer Protection.
Departmental enquiry
Madras HC quashes chargesheet against retired district judge in 24-year-old allegation; Cites 4-year limit on disciplinary proceedings against retired officials
“The embargo that the departmental proceedings shall not be initiated in respect of any event which took place more than four years before such institution of chargesheet hits at the root of the respondent.”
Calcutta High Court: Vague allegations of workplace harassment by merely using words “harassed” or “abused” insufficient to constitute offence under Section 509 IPC
“Mere using the words “harassed” or “abused”, in the overall conspectus of the case, does not demonstrate the requisite intention or knowledge which can lead to the conclusion that any alleged act of the petitioner constitutes an insult to the complainant’s modesty.”
‘Removal from service is shockingly disproportionate’; MP High Court directs reconsideration of punishment for proven misconduct
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
‘Error of judgment, not misconduct’; MP High Court set asides ADJ’s dismissal from service for being ‘shockingly disproportionate’
“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”
Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee
If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.
Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry
Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.
Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC
The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.
Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise
The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.
Know Thy Judge | Justice Chudalayil Thevan Ravikumar
Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.
Absence from duty without leave under CRPF is a gravest misconduct; Manipur High Court upheld order of Disciplinary Authority of dismissal from service
Manipur High Court: In a writ petition filed to quash the dismissal order dated 18.1.2005 on the ground that it
Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed
Jharkhand High Court: Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the
Life cannot be breathed into the stillborn charge memorandum; SC holds where prior approval is the rule the defect cannot be cured by post-facto approval
“What is non-existent in the eye of the law cannot be revived retrospectively.”
Jhar HC | Non-supply of documents cannot vitiate the enquiry in absence of showing how the alleged non-supply caused prejudice to workman
Jharkhand High Court: Shree Chandrashekhar, J. held that a charged employee has no unfettered right to ask for any document on which
Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee
Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the
Pat HC | Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence
Patna High Court: Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in
‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case
“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”
“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding
Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply
Bom HC | Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry
Bombay High Court: The Division Bench of R.D. Dhanuka and R.I. Chagla, JJ., refused to quash departmental enquiry against the petitioner even
Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions
“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”