dismissal order Archives

Independent satisfaction mandatory under Art. 311(2)(b)

Independent satisfaction required for dismissal under Article 311(2)(b): Read Delhi HC ruling reinstating Deputy SP, CBI dismissed for illegal gratification

In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.

Case Briefs High Courts

Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.

Case Briefs High Courts

[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order

The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.