Showing : 11-20 of 38 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Departmental proceedings - Punishment - Judicial review - Court cannot prescribe punishment - High Court itself prescribed punishment which, according to it, "would meet the ends of justice" - High Court cannot act a disciplinary authority and impose a particular penalty - Even in those cases..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Departmental proceedings - Punishment - Principle of proportionality - Doctrine of Wednesbury Rule - Held, when punishment is found to be outrageously disproportionate to the nature of charge, principle of proportionality comes into play - It is, however, to be borne in mind that this principle..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Departmental proceedings - Punishment - Scope of judicial review - Held, in exercise of power of judicial review Court can interfere with punishment imposed when it is found to be totally irrational or is outrageous in defiance of logic - This limited scope of judicial review is permissible and..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Departmental proceedings - Punishment - If the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary and thus would violate the mandate of Article 14 of the Constitution...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Service-- Dismissal from service - Judicial review can be only when punishment is not merely disproportionate but also strikingly disproportionate and only in extreme case, where on the face of it there is perversity or irrationality that there can be judicial review...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Service-- Termination - Interference on the question of punishment - Unauthorised absence from duty for four years - Service terminated - Interference by Court on question of punishment is permissible in very rare cases and that too where punishment is disproportionate to the established charge and that it..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Industrial Disputes Act, 1947, Section 2(oo), 11A-- Punishment - Removal from service - Quantum of punishment - It is purely within the realm of Disciplinary Authority - Only when the punishment is disproportionate to the gravity of the charge that no prudent person placed in the position of Disciplinary Authority would have imposed such a..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Service-- Misconduct - Punishment - Judicial review - Court can interfere if punishment is outrageously disproportionate to the nature of misconduct...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Industrial Disputes Act, 1947, Section 2(oo) , 11A-- Termination - Quantum of punishment - The misconduct is of very serious nature which is of teasing and molesting a female worker in the factory - He indeed used the abusive language as is apparent from the admission note of the workman - The punishment of termination imposed by the management by..........

Showing : 11-20 of 38 Results