Corruption Charge Not Proved, Yet Employee Removed: Delhi HC Sets Aside Penalty, Directs Reinstatement
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
Disciplinary proceedings
Discharge by criminal court bars subsequent disciplinary action: Supreme Court restores honour of dismissed Air Force Officer
Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
Service Law January 2026: A Look at Key Decisions of the Month
Bringing together significant service law rulings from the Supreme Court and various High Courts, this roundup offers brief summaries of the month’s important cases along with references to related roundups.
Mere reinstatement does not preclude conducting departmental enquiry over past misconduct: Rajasthan High Court dismisses Health Officer’s plea challenging penalty order
“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”
Adverse action against doctor who didn’t rise upon MLA’s arrival “highly disturbing” and unjust: P&H High Court imposes Rs 50,000 cost on State
During the COVID-19 pandemic, an MLA visited hospital and was annoyed that the Government Casualty Medical Officer did not rise upon his arrival. Thus, a Show Cause Notice was issued to him regarding initiation of disciplinary proceedings.
Withholding Govt. Employee’s NOC for passport due to pending disciplinary proceedings violates fundamental right to liberty: Orissa High Court
“There is nothing in the Passport Act which even remotely suggests that pendency of disciplinary or vigilance proceedings would stand as an absolute bar for grant of passport.”
Delhi High Court suspends trial Court judge, initiates disciplinary proceedings
Justice Sanjeev Kumar has been placed in suspension following a disciplinary proceeding.
Karnataka High Court upholds compulsory retirement of Senior Civil Judge for threatening police officer with dire consequences
The Senior Civil Judge had allegedly threatened a police officer over a phone call in a complaint case filed against his sister.
‘Dehors basic object of Punjab’s litigation policy’: Punjab and Haryana HC imposes Rs 1 lakh cost on State for wasting Court’s time
“The precious time of this Court has been wasted in adjudicating this avoidable piece of litigation which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law.”
‘State bound to review within reasonable period of limitation if not prescribed’; P&H HC sets aside inspector’s demotion 7 years after acquittal in disciplinary proceedings
“It is settled proposition of law that where no limitation period is prescribed, authorities are bound to act within reasonable period. The reasonable period depends upon facts and circumstances of each case, there is no hard and fast or straitjacket formula.”
MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe
“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”
‘No global manhunt needed for absconding employee, sending residential notice is sufficient’; J&K and Ladakh High Court upholds suo moto enhanced punishment
“It is only in rare and exceptional cases that the Court may substitute its own view as to the quantum of punishment.”
“Inconceivable that entire proceedings could have been concluded fairly within two weeks”: Madras HC upholds order quashing disciplinary action against Canara Bank employee
“A disciplinary proceeding should not resemble a point-to-point bullet train journey. A charge memo need not necessarily culminate in punishment.”
‘Miserably failed to act as quasi-judicial authorities’; Punjab & Haryana HC quashes bribery case against police officer, remands it to Appellate Authority
“Recording of reasons in orders is equally important as giving an opportunity of hearing. The reasons in order means link between material which the forum considered while reaching the conclusion and reveals a rational nexus between the two.”
Punjab and Haryana HC orders reinstatement of a Judge dispensed with service after complaint by his former wife
The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.
‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action
“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers
“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”
‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group
From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.
Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty
Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.