Procedural lapses do not vitiate inquiry without real prejudice: Bombay HC quashes reinstatement of school peon
The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
Procedural Irregularities
Findings of already set-aside arbitral award cannot be treated as “alive and final”; Kerala HC quashes subsequent award
“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
Technicalities Cannot Defeat a Child’s Fundamental Right to Education: Rajasthan High Court
“A fundamental right, especially when it unequivocally accrues in favour of a citizen, cannot be tossed even on the basis of the procedural grounds or technicalities.”
NCLT rejects Vedanta Ltd.’s demerger plan over non-disclosure of SEPCO’s debt and procedural irregularities
“The present one is a case where material facts have not been disclosed by the Applicant Company, violating Section 230 (2)(a) of the Companies Act, 2013, which in our considered opinion is bound to prejudice the public interest at large.”
‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service
The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.