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Showing posts with label disciplinary authority. Show all posts
Showing posts with label disciplinary authority. Show all posts
Saturday, 31 December 2022

Whether Period Of Suspension Of Govt Servant should Be Treated As 'On Duty' Where Acquittal Based On Benefit Of Doubt?

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In this regard we may refer to the decision of the Honourable Supreme Court in Krishnakant Raghunath Bibhavnekar vs. State of Maharashtra an...
Tuesday, 8 November 2022

Study material on Disciplinary Inquiry

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  https://drive.google.com/file/d/1FIPxcavzCItAmL2ncoJnEnkNB91oTbzb/view?usp=sharing
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...
Sunday, 20 December 2020

Whether the Internal Complaints Committee can recommend disciplinary action against lady making a complaint of sexual harassment?

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  The constituted ICC, upon analysing the complaint, came to the conclusion that the relationship between the Petitioner and Respondent No.3...
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...
Saturday, 28 November 2020

Excellent study material on departmental Enquiry

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1)   https://drive.google.com/file/d/11U-lmJpi1FSrga9mCWscWpcwzbpkIa_c/view?usp=sharing 2) How to prepare departmental enquiry report? https...
Saturday, 21 November 2020

Whether University can take adverse action against law student without following principles of natural justice?

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Petitioner who joined the Five Year B.A. LL.B (Hons.) Course in the respondent – University from the Academic Year 2017-18, is declared to h...
Friday, 30 October 2020

Whether disciplinary authority can dismiss an employee after departmental enquiry even after his acquittal in a criminal case?

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In the present case, the respondent was acquitted of the charge of murder. The circumstances in which the trial led to an acquittal have bee...
Thursday, 24 September 2020

How to prove the statement of delinquent recorded in preliminary enquiry?

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Learned counsel for the State argued that the petitioner is not entitled to any relief only on the technical ground of non-supply of documen...
Monday, 6 July 2020

When should disciplinary enquiry be set aside on violation of principles of natural justice?

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1)  While examining whether procedural requisites have been met, by the authorities below, however, the test of "prejudice" mu...
Saturday, 25 April 2020

Important provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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[Act 14 of 2013 as amended up to Act 23 of 2016] Chapter I PRELIMINARY 1. Short title, extent and commencement .—(1) This Act may be...
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

Whether departmental proceeding will be vitiated if there is no actual service of charge sheet?

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Thus, apparently the respondents had devised to proceed against the petitioner not only ex-parte but clandestinely, which is violative of ...
Saturday, 9 November 2019

Who is competent authority to dismiss judicial officer from service without disciplinary enquiry?

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 Learned counsel appearing for Komal Ram and Jitendra Nath Singh had raised another contention relating to the power of the High Court...