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Bombay High Court (Division Bench (DB)- Two Judge)

Shri Dhanraj Punaji Chavan Versus The State of Maharashtra & Ors

WRIT PETITION, 2700 of 2006, Judgment Date: Aug 24, 2017

Full Judgment

Madhya Pradesh High Court (Single Judge)

Ganesh Prasad Garg Vs. General Manager, South East Coal Limited & others

WRIT PETITION, 4599 of 2017, Judgment Date: Aug 01, 2017

In the present case, as already discussed by this Court that the authority which has issued the charge sheet has already been vested with the power to issue the charge sheet, nothing survives for this Court on the question of framing of charges as it is for the competent authority only to decide the case on merits in accordance with law. Full Judgment

Gauhati High Court (Single Judge)

DINARAM BORA VS THE STATE OF ASSAM AND ORS

WP(C), 2965 of 2012, Judgment Date: Jul 14, 2017

Full Judgment

Gauhati High Court (Single Judge)

SUSHANTA CHAKRABORTY VS THE UNION OF INDIA & ORS

WP(C), 2983 of 2010, Judgment Date: Jul 13, 2017

Full Judgment

Delhi High Court (Division Bench (DB)- Two Judge)

RAJESH BABU Vs. MINISTRY OF INFORMATION & BROADCASTING & ORS.

W.P.(C), 2295 of 2014, Judgment Date: May 26, 2017

Full Judgment

Gauhati High Court (Division Bench (DB)- Two Judge)

SHRI PARESH BARUAH VS STATE OF ASSAM & 3 ORS

Writ Appeal, 136 of 2017, Judgment Date: May 15, 2017

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

THE MANAGEMENT OF STATE BANK OF INDIA Vs. SMITA SHARAD DESHMUKH & ANR.

SPECIAL APPEAL DEFECTIVE, 3423 of 2017, Judgment Date: Mar 01, 2017

It is a well-settled principle that the High Court will not re-appreciate the evidence but will only see whether there is evidence in support of the impugned conclusion. The court has to take the evidence as it stands and its only limited jurisdiction is Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

H.P. STATE ELECTRICITY BOARD LTD Vs. MAHESH DAHIYA

Appeal (Civil), 10913 of 2016, Judgment Date: Nov 18, 2016

“Hence it has to be held that when the enquiry officer is not the disciplinary authority, the delinquent employee has a right to receive a copy of the enquiry officer’s report before the disciplinary authority arrives at its conclusions with regard to the guilt or innocence of the employee with regard to the charges levelled against him. That Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

S.B.I & ORS. Vs. NEELAM NAG & ANR.

Appeal (Civil), 4715 of 2011, Judgment Date: Sep 16, 2016

It is well-settled that there is no legal bar to the conduct of the disciplinary proceedings and criminal trial simultaneously. However, no straightjacket formula can be spelt out and the Court has to keep in mind the broad approach to be adopted in such matters on case to case basis. The contour of the approach to be adopted by the Court has been delineated in series Full Judgment

Delhi High Court (Division Bench (DB)- Two Judge)

BALKAR SINGH Vs UNION OF INDIA & ORS

W.P.(C), 1191 of 2015, Judgment Date: Sep 07, 2016

Full Judgment

Delhi High Court (Division Bench (DB)- Two Judge)

SOHAN LAL KAPOOR V/s CENTRAL RESERVE POLICE FORCE & ANR

W.P.(C), 11622 of 2015, Judgment Date: Jul 13, 2016

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

BRIJ BIHARI SINGH Vs. BIHAR STATE FINANCIAL CORPORATION & ORS.(R-1,4,7)

Appeal (Civil), 1217 of 2011, Judgment Date: Nov 20, 2015

It is well settled that a person who is required to answer a charge imposed should know not only the accusation but also the testimony by which the accusation is supported. The delinquent must be given fair chance to hear the evidence in support of the charge and to cross-examine the witnesses who prove the charge. The delinquent must also be given a chance to Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

JAGDISH LAL GAMBHIR Vs. PUNJAB NATIONAL BANK & ORS.

Appeal (Civil), 6975 of 2009, Judgment Date: Oct 06, 2015

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

RAJINDER KUMAR Vs. STATE OF HARYANA & ANR

Appeal (Civil), 8064 of 2015, Judgment Date: Sep 30, 2015

But the question is, whether dismissal is the only option in such situations where an employee is found unfit for service. We have no doubt in our mind that indiscipline of any sort cannot be tolerated at all in a disciplined force. However, in the factual background of the appellant which we have referred to above, the disciplinary authority or at least the appellate authority, should have considered whether a punishment other than dismissal would have been Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

MURAD ABDUL MULANI Vs. SALMA BABU SHAIKH & ORS.

Appeal (Crl.), 961-62 of 2015, Judgment Date: Jul 21, 2015

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.

Appeal (Civil), 1662 of 2015, Judgment Date: Feb 09, 2015

In absence thereof the second marriage  is a misconduct under the Conduct Rules- Polygamy  was  not  integral  part  of  religion  and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an  integral  part of Hindu religion, Rule 27 of the U.P. Government  Servants'  Conduct  Rules requiring permission of the  Government  before  contracting  such  marriage must be held to come  under  the  protection  of  Article  25(2)(b)  of  the Constitution- What  is permitted or not prohibited by  a  religion  does  not  become  Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.

Appeal (Civil), 8224 OF 2012 Judgment Date: Feb 06, 2015

In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

DIWAN SINGH Vs. L.I.C. & ORS.

Appeal (Civil), 3655 of 2010, Judgment Date: Jan 05, 2015

This Court in a catena of judgments held that the loss of confidence is the primary factor and not the amount of money misappropriated and that the sympathy or generosity cannot be a factor which is impermissible in law. When an employee is found guilty of pilferage or of misappropriating the Corporation's funds, there is nothing wrong in the Corporation losing confidence or faith in such an employee Full Judgment

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