Departmental proceedings Archives

Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement

The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.

Case Briefs High Courts

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.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs High Courts

Delhi High Court upholds acquittal of constable giving the benefit of non-compliance of S. 50 NDPS Act

The onus lies on the prosecution to prove that the sample of the contraband seized during investigation proceedings is the same which was forwarded to CFSL for examination and that there is no tampering of the same.

High Court Round Up Legal RoundUp

100+ Reports from High Courts | Case relating to Kashmiri Pandits, Arya Samaj, Reproductive Rights, Sodomy, Arms Act and more | June Round Up 2022

Allahabad High Court Disability In a case where an employee of Central Bank of India petitioned to be exempted from routine transfers

Case Briefs High Courts

Bombay High Court | Criminal proceedings cannot be proceeded with if accused was exonerated in departmental proceedings based on identical/similar charges

Bombay High Court: The Division Bench of S.B. Shukre and G. A. Sanap, JJ. allowed an application setting aside an FIR for

Case Briefs High Courts

Cal HC | DGP directed to initiate departmental proceedings against Police Officers; CID to take over investigation

Calcutta High Court: Rajasekhar Mantha, J. while adjudicating a case involving serious offences under Section 365, 354B and other provisions of IPC

Case Briefs High Courts

MP HC | Desirable to stay the departmental proceedings till conclusion of the criminal case; Court prohibits Department to continue inquiry

Madhya Pradesh High Court: Atul Sreedharan, J. decided on a petition which was filed by the petitioner who was aggrieved by the

Case Briefs Supreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Case Briefs High Courts

Chh HC | Degree of proof which is necessary to order conviction in a criminal case is different from degree of proof necessary to record commission of delinquency in a departmental proceeding

Chhattisgarh High Court: P. Sam Koshy J., dismissed the petition stating that no interference is required at this juncture keeping in mind

Case Briefs High Courts

Utt HC | Court rejects Plea of bias against the Enquiry officer; Dismisses petition in the matter of departmental proceedings

Uttaranchal High Court: The Division Bench of Sudhanshu Dhulia and Alok Kumar Verma, JJ., dismissed a writ petition which was filed in

Case Briefs Supreme Court

Police constable acquitted in a murder case but dismissed from service after a related disciplinary enquiry. Read why SC upheld the dismissal

Involvement of a member of the police service in a heinous crime, if established, has a direct bearing on the confidence of society in the police.

Case Briefs High Courts

Madras HC | Can plea of customary divorce be considered as a valid defence while departmental proceeding for bigamy is initiated? HC considers scope of defence under Service Rules

Madras High Court: RMT. Teeka Raman, J., while addressing a petition observed that, “A plea of customary divorce is a valid defence

Case Briefs High Courts

Jhar HC | Principle of estoppel to operate when candidate appears at examination without objection and is subsequently found to be unsuccessful

Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition and no relief given to the petitioners. The facts of the case

Case Briefs High Courts

Jhar HC | Interference with orders passed pursuant to departmental enquiry can only be in case of ‘no evidence’

Jharkhand High Court: Dr S.N. Pathak, J. dismissed the instant writ petition being devoid of merit. The brief facts of the case

Case Briefs High Courts

Jhar HC | Exoneration from departmental proceedings has nothing to do with criminal proceedings in the Court if the allegations levelled are different

Jharkhand High Court: Anubha Rawat Choudhary, J., dismissed the criminal petition seeking exoneration from criminal proceedings. In the present case, the petitioner