Showing : 1-10 of 37 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service-- Misconduct - Disproportionate punishment - Charge of availing hospitality from private company as his air fare when he is officially dealing with such company - However, such company not made any payments in fact payment was made by appellant - Inquiry officer was not right in holding that getting..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a)-- Dismissal from service - Misconduct - Respondent admitted that incident occurred as a result of handling of weapon, that bullets were fired and death of his colleague occurred in consequence thereof - Disciplinary authority found that charge of misconduct was sustainable on the basis of evidence..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Defence Service-- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Departmental inquiry - Dismissal from service - Judicial review - Courts while exercising their power of judicial review over matters of punishment, do not sit as appellate authority - Decision qua nature and quantum is prerogative of disciplinary authority - It is not the function of High Court..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Departmental inquiry - Dismissal from service - Judicial review - It is not the function of High Court to impose a particular punishment even in those cases where it was found that penalty awarded is shockingly disproportionate - High Court at best, remand the matter to disciplinary authority for..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Departmental inquiry - Dismissal from service - Respondent while working as a supervisor of society failed in discharging his duties properly in supervising the affairs of Society, which led to cheating resulting in misappropriation of society funds by members of Society - Departmental action was..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 360-- Attempt to murder - Benefit of probation - Accused inflicted knife blow in the abdomen of injured after taking undue advantage of position of injured - A brutal attack perpetuated by accused calls for both a deterrent and a retributive punishment - Sentence of four years cannot be said too severe..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Temporary embezzlement and forgery - Quantum of punishment - Appellant dismissed from service on account of misconduct of temporary embezzlement and forgery - High Court modified the sentence to compulsory retirement without pensionary benefits in view of R.23 of Life Insurance Corporation of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Service -- Departmental enquiry - Punishment - Judicial review : (a) When charge(s) of misconduct is proved in an enquiry, the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities; (b) The courts cannot assume the function of..........

Showing : 1-10 of 37 Results