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.
natural justice
Relief to Taxpayer as SC quashes Tax Demand under SVLDRS revised without following Principles of Natural Justice; Directs issuance of fresh order
The appellant stated that he filled the requisite forms for resolving the tax dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. However, the designated committee rectified Form No. SVLDRS-3 and enhanced the amount payable as tax without any show-cause notice.
Power to review judgement or order under Section 114 and Order 47 CPC can’t be exercised suo moto; APTEL set asides CERC’s modification order
“We find it ironical that the Commission has ignored this basic tenet of natural justice by issuing the direction in question without hearing the appellant. Thus, on this count also, the impugned order cannot be sustained.”
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.
Same day reply and hearing violates Natural Justice; Allahabad HC quashes GST assessment order passed without hearing
In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
Targeted Vendetta & Institutional Bias vitiate Selection Process; Supreme Court grants relief to Ex-Army Officer; Imposes Rs 5 Lakh Cost
“The rule of law constitutes the foundation of a well-governed society, and the shadow of bias or mala fides in the exercise of power concerning public 33 functions strikes at the very root of a regulated social order.”
Orissa High Court bars application of Limitation Act computation method to contractual termination clauses
“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”
Bombay High Court quashes arbitral award rendered in undue haste after four-year delay and absence of hearing
“The Arbitrator has clearly misconducted by citing the pretext of non-existent Covid-19 restrictions for his own inefficiency, but hurriedly making the award when lockdown restrictions actually existed.”
‘Right to housing is a fundamental right’: Punjab and Haryana HC sets aside rejection of jhuggi dwellers’ claims under Small Flats Scheme, 2006
In the case at hand, the Chandigarh Housing Board rejected jhuggi dwellers’ claim for allotment of flat under the Chandigarh Small Flats Scheme, 2006 without giving them opportunity to be heard.
‘Refusal must be reasoned/justified’; Bombay HC sets aside Labour Court’s order refusing advocate representation to a legally untrained person
“When a party demonstrates genuine inability to represent itself and seeks professional assistance without mala fides, the Labour Court ought to grant such leave unless strong reasons exist to the contrary.”
Wrongfully Terminated Teachers to get Rs 5 Lakh each as Delhi School Tribunal finds School ignored DSEAR 1973 Norms
“It is well-settled that the reinstatement should be the rule when the order of wrongful dismissal of termination of service was set aside, and the compensation should be an exception.”
‘Arbitral awards by lay arbitrators tested for substantial correctness, but natural justice remains non-negotiable’; Madras HC sets aside award passed by family elders
The Court was dealing with a case where the arbitrators forming part of the Arbitral Tribunal are not only lay persons, but are also, the family elders, who consented to resolve the dispute between two brothers considering the overall interest of the family and its business.
Strong directions by Court without notice to parties creates chilling effect on prospective litigants: Supreme Court sets aside directions for vigilance enquiry
Litigants might fear that seeking justice through the courts could leave them in a worse position than they were in before initiating legal proceedings. This could seriously impact access to justice and consequently the very rule of law.
Bombay HC sets aside BOI’s order classifying Jet Airways’ founder Naresh Goyal’s account as ‘fraud’
“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”
‘Failed to discharge his administrative functions properly’: Jharkhand HC sets aside demand notice issued by former District Mining Officer
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
Can NGT outsource investigation to administrative committees via bypassing statutory provisions? Supreme Court answers
The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.
Removal of Panchayat Administrators without giving them an opportunity of being heard is arbitrary: Rajasthan High Court
“In the name and interest of delimitation, the Government cannot postpone the entire election process of the Panchayati Raj Institutions indefinitely, contrary to the mandate contained under Article 243-E of the Constitution.”
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.
Order of termination on ground of questionable integrity is stigmatic; Holding enquiry mandatory: Rajasthan High Court
“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”
Rajasthan High Court | Appointed on compassionate ground; terminated after 15 years for having 3 children: A travesty of Justice
“Terminating the services of an employee appointed on compassionate grounds after 15 years, on the basis of ineligibility at the time of appointment, amounts to a travesty of justice, especially when no fraud or suppression of facts is alleged.”