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Showing posts with label departmental enquiry. Show all posts
Showing posts with label departmental enquiry. Show all posts
Saturday, 15 August 2026

Supreme Court: What must be the nature of enquiry which is Necessary To Dismiss Employee from service For Suppression Of Criminal Antecedents?

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  Needless to say, knowledge of a fact is a necessary pre-requisite for its non-disclosure. The very concept of suppression presupposes an a...
Wednesday, 28 January 2026

Case Analysis of Supreme Court Judgment: The Superintending Engineer vs. The Labour Court, Madurai & Others

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  1.0 Factual Matrix: The Foundation of the Dispute This analysis details a decade-long legal battle catalyzed by an employee's fundamen...
Friday, 23 August 2024

Orissa HC: Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings

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  The Hon'ble Chief Justice of India, vide D.O. letter No. CJI/CC/Comp/2014/1405 dated 03-10-2014, issued a circular, that was later cir...
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 ...
Tuesday, 7 March 2023

Can the court set aside the order of Compulsory Retirement if it Was Passed To Circumvent Disciplinary Proceedings?

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  Dehors the aforesaid allegations of institutional bias and malice, having perused the material placed on record, we find merit in the othe...
Tuesday, 8 November 2022

Study material on Disciplinary Inquiry

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  https://drive.google.com/file/d/1FIPxcavzCItAmL2ncoJnEnkNB91oTbzb/view?usp=sharing
Saturday, 22 October 2022

Whether government servant turning hostile in Session trial amounts to misconduct?

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Having heard the learned counsel for the parties, we first examine  Petitioner's contention that the act of turning hostile does not amo...
Tuesday, 27 September 2022

Allahabad HC: Only Governor Can Take Action Under Art. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement

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  A bare perusal of the afore-quoted provision of Article 351-A of the CSR shows that once the government servant retires, it is the  Govern...
Tuesday, 28 June 2022

Whether principles of natural justice violated if an enquiry report is not given to a delinquent employee?

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  As stated above, Annexure – A8 enquiry report and PR minutes were given to the applicant only along with Annexure – A7  show cause notice ...
Saturday, 2 April 2022

Whether departmental enquiry will be vitiated if President Of Disciplinary Enquiry Committee Was Replaced Due To Ill Health?

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 In any case, the High Court, in the impugned order, failed to take the note of doctrine of necessity. Once it is admitted, (i) that the dis...
Sunday, 21 November 2021

Whether Departmental enquiry is vitiated if there is a delay in conducting it?

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The Tribunal purportedly did so on the basis that prejudice had been caused to the first respondent by the denial of an opportunity for depu...
Wednesday, 15 September 2021

Whether sexual harassment complaint can be dropped if an aggrieved woman desire not to prosecute it?

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Had the student been really aggrieved with the action of the petitioner then  she ought to have taken steps in proper time to protest the sa...
Sunday, 4 April 2021

Whether School tribunal has jurisdiction to decide a dispute relating to a private school teacher's resignation?

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   In view of the aforesaid judgment of the Supreme Court in the case of Shashi Gaur (supra), in my opinion, there can be no doubt that once...

Is the employer liable to pay interest to the employee if he withholds his leave encashment without specific order?

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   We, accordingly, allow the petition partially by directing the respondent to pay the petitioner his leave encashment dues along with inte...

Whether the employer can refuse to pay the amount of provident fund and leave encashment to the employee if he had issued the charge sheet of departmental enquiry to him after retirement?

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   With respect the Provident Fund reliance is placed on the judgement of the Supreme Court in Gorakhpur University & Ors. vs. Dr.  Shit...
Friday, 2 April 2021

Whether investigating officer is liable for departmental enquiry if he fails to investigate the offence properly to shield the accused?

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  The first glaring lapse in  the investigation, left by Mr. Khatane, is that he did not prepare a  seizure panchanama of the said car. It c...
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...
Wednesday, 13 January 2021

In the Digital Era Employees Working In Different States can Be Treated as working in One Work Place under Sexual Harassment law.

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In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shift...
Saturday, 26 December 2020

Whether the court should permit the inquiry officer's change in departmental inquiry if delinquent alleges that inquiry officer is biased?

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As far as the main challenge of the petitioner is concerned, it is regarding the change of the Enquiry Officer. We are of the considered vie...

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...