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Showing posts with label delinquent. Show all posts
Showing posts with label delinquent. Show all posts
Tuesday, 14 March 2023

In departmental enquiry, whose statement will carry more weightage, either the delinquent or the Inquiry officer?

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 The main ground on which the respondent attacked the order dated September 16, 1954, was that at the enquiry held by Mr. Byrne, he was not ...
Sunday, 21 March 2021

Whether the employer can hold an employee guilty for sexual harassment in departmental enquiry despite the pendency of criminal prosecution?

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What emerges from the record is: (a) There were two FIRs filed pursuant to reporting that Respondent No.1 was guilty of objectionable behavi...
Saturday, 26 December 2020

What are the powers of the high court in the challenge of disciplinary action against an employee?

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 In  Union of India  v.  P. Gunasekaran8,  this Court held as follows : (SCC pp. 616-17, paras 12-13) “12. Despite the well-settled position...
Sunday, 29 November 2020

Leading Supreme court Judgment on the obligation of disciplinary authority to furnish enquiry report to delinquent in the departmental enquiry

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 This group of matters is at the instance of various parties, viz., Union of India, Public Sector Corporations, Public Sector banks, State G...

Whether disciplinary authority can rely on statements of witnesses recorded in preliminary enquiry if enquiry officer has not permitted delinquent to cross-examine them?

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In the aforesaid backdrop, we have to consider the most relevant issue involved in this case. Admittedly, the Enquiry Officer, the High Cour...
Monday, 6 July 2020

Supreme Court: Basic principles for conduct of disciplinary enquiry

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In State Bank of Patiala & Ors. vs. S.K. Sharma, MANU/SC/0438/1996 : (1996) 3 SCC 364, the Supreme Court summarized the principles app...
Thursday, 19 March 2020

Whether delinquent can be held guilty in departmental inquiry if on the same facts he is acquitted by the criminal court?

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It was submitted that the departmental proceedings and the criminal case are based on identical and similar (verbatim) set of facts and ev...
Monday, 17 February 2020

Supreme Court: Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary authority

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It is not the case of no evidence or that the findings are perverse. The finding that the respondent is guilty of misconduct has been...
Tuesday, 12 November 2019

When charge sheet be served on delinquent by office peon in departmental enquiry?

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 Learned counsel for Union of India has strenuously urged that since the respondent had been absenting himself from the office unauthorise...
Tuesday, 23 July 2019

Whether person who is representing employee in departmental enquiry is entitled to get reimbursement of travel and other costs?

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  It is thus clear from an analysis of the above Regulations and the Circulars that the reimbursement of TA/DA have consciously and specif...
Wednesday, 5 June 2019

Whether it is mandatory to hear delinquent if disciplinary authority disagrees with finding of enquiry officer?

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 In J.A. Naikasatam vs. Prothonotary and Senior Master, Bombay High Court Bombay reported in MANU/SC/0894/2004 : 2004 (8) SCC 653, it was ...
Friday, 24 May 2019

Whether minor penalty imposed on government servant can be quashed if show cause notice issued to him was vague?

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We find that the Petition deserves to be allowed on two grounds.  Firstly, perusal of the show cause notice would reveal that allegations ...
Sunday, 8 May 2016

Whether prosecution is obliged to supply particular piece of evidence to other side even if it is not relying on said evidence?

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The second point raised by Mr. Dutta which I will now deal with relates to the effect of the Corporation not making available the test r...
Wednesday, 6 May 2015

Whether act of entering Court building chewing Pan is offence under S 116 of bombay police Act?

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 Thus, the question which remains is about the conviction and sentence of fine as imposed. Section 117 of the Bombay Police Act is a pu...
Tuesday, 14 April 2015

Whether Departmental authority can be held liable for abetment of suicide by holding delinquent guilty in enquiry?

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It is possible that some persons who might have been  against   the   deceased   tried   to   take   advantage   of   the   complaint  ...
Sunday, 8 December 2013

Supreme Court: Suspended employee should not be denied subsistence allowance if he is not residing at the headquarters

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  From the aforesaid authority it is clear as day that the presence at the headquarters was not a requirement under the Rule. In the case a...
Saturday, 3 August 2013

Charges should be specific, definite and giving details of incident which formed basis of charges and no enquiry can be sustained on vague charges.

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Where the chargesheet is accompanied by the statement of facts and the allegations are not specific in the chargesheet, but are crystal cl...