Disciplinary proceedings
‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC
By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.
Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers
“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”
Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay
The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.
Explained| Supreme Court’s verdict on relevant date for determining candidate’s eligibility under Haryana Civil Service (Executive Branch) Rules
Supreme Court said that the officers of the Haryana Civil Service must be free from both ongoing and contemplated disciplinary proceedings to be eligible under Rule 9(1)(a)(iii).
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.
Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case
“Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law.”
Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group
“When even prisoners have fundamental rights and it has been declared by the Supreme Court that Part III of the Constitution does not stop at the prison gates, it would be ridiculous to suggest that the moment a person becomes a bank employee, he has to bid good-bye to Article 19(1)(a).”
“Strict rules of evidence do not apply in a disciplinary proceeding”: Bombay High Court while refusing interim relief for Bus Conductor against dismissal from service
Bombay High Court found the Labour Court and Industrial Court justified in refusing to exercise jurisdiction in the petitioner’s favour.
“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order
Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord
Delhi High Court| Introduction of Voluntary Retirement Scheme by a Department does not automatically qualify an employee to the benefits of the scheme as a matter of right
Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.
Delhi High Court upholds ICAI’s suo motu power to initiate disciplinary proceedings under S 21 of the Chartered Accountants Act, 1949
“Section 21 does empower the Institute to proceed suo motu and unhindered by the absence of a written complaint or allegation that may be submitted. A written complaint or allegation in writing cannot, in any manner, be understood to be a pre-requisite or a sine qua non for the initiation of action under Section 21.”
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
Employees cannot invoke writ jurisdiction against private educational institution for disputes relating to ordinary contract of service: Supreme Court
“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”
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
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
Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court
“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”
Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?
“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”