disciplinary authority Archives

‘Punishment order passed in quasi-judicial proceedings must contain reasons’: Rajasthan HC sets aside non-speaking punishment orders

“It is true that discipline is the hallmark of disciplinary forces like police and each and every member of the disciplinary forces are not supposed to violate the discipline by consuming liquor in public space or should arrive in public place in a drunken position.”

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs Supreme Court

Producing false/fake certificate is a grave misconduct; Dismissal of service justified in such cases: Supreme Court

Supreme Court: In a case where an employee had produced a fake certificate for seeking employment, the bench of MR Shah* and

Case Briefs Supreme Court

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

Case Briefs Supreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

Case Briefs High Courts

Does Lokayukta have power to pass directions upon disciplinary authority to take action against erring officials? Jharkhand HC elaborates in light of Jharkhand Lokayukta Act, 2001

Jharkhand High Court: Sujit Narayan Prasad, J., addresses a very pertinent question of whether the Jharkhand Lokayukta Act, 2001 provides power for

Case Briefs Supreme Court

Not open for Courts to usurp function of disciplinary authority; Can’t substitute one disciplinary punishment with other: SC

Supreme Court: The Division Bench of Ajay Rastogi* and Abhay S. Oka, JJ., set aside the judgment of the Delhi High

Case Briefs High Courts

Tri HC | Mere honesty and admission of charge are not the grounds for tempering with the order passed by disciplinary authority; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the Director of Elementary Education

Case Briefs High Courts

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that

Case Briefs High Courts

Jhar HC | Procedural Haste cannot be contended as a ground for challenge when enquiry report discloses Provisionary compliance; Court refrains from acting against well-reasoned order of Disciplinary Authority

Jharkhand High Court: Deepak Roshan, J., while dismissing the present batch of petitions, found no infirmities in the enquiry conducted by the

Case Briefs Supreme Court

Can strict rules of evidence be applied to disciplinary proceedings? Here’s what SC says

Supreme Court: The 3-judge bench of NV Ramana, SA Nazeer and Surya Kant, JJ has elaborately discussed the power of the Disciplinary

Case Briefs Supreme Court

High Court, being the disciplinary authority, has the power to suspend Judicial Officers: SC

Supreme Court: In a case where a Judicial Officer in Delhi Higher Judicial Services, against whom disciplinary proceedings alleging sexual harassment is

Case Briefs High Courts

Jhar HC | Hearing delinquent employee necessary where disciplinary authority defers from finding of enquiry officer

Jharkhand High Court: Sanjay Kumar Dwivedi, J. quashed the order which inflicted the punishment of non-payment of the salary of petitioner for

Case Briefs High Courts

Megh HC | Bank Officer holds a position of trust – an act of breach of authority, therefore, amounts to misconduct

Meghalaya High Court: A Division Bench of Ajay Kumar Mittal, C.J. and H.S. Thangkhiew, J. dismissed a writ appeal filed by a

Case Briefs High Courts

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

Case Briefs High Courts

P&H HC | Benefit of illegality committed by authority must ensure benefit to the retired employee

Punjab and Haryana High Court: This petition was filed before the Bench of Arun Monga, J. A circular was issued, whereby the

Case Briefs High Courts

Jha HC | Disciplinary authority differing with findings of inquiry report, must issue a second show cause notice to indicate grounds of disagreement

Jharkhand High Court: The Bench of Ananda Sen, J. set aside a punishment order issued against a police constable in departmental proceedings,

Case Briefs High Courts

Pat HC | Order punishing violation of mid-day meal scheme norms – unsustainable where no evidence considered by disciplinary authority

Patna High Court: The Bench of Madhuresh Prasad, J. allowed a petition challenging order directing withdrawal of pay increments, holding that enquiry

Case Briefs High Courts

Order punishing government employee quashed in light of disciplinary authority’s violation of principle of audi alteram partem

Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. quashed an office order issued against a delinquent employee