Railway Protection Force -- Railway Services (Conduct) Rules, 1966, Rule 3(1) (i) (ii) - Disciplinary proceedings - Principles of natural justice - Plea that appointment of the Enquiry Officer while framing the charge memo itself, amounts to denial of an opportunity to the petitioner to explain his charges preliminarily repelled - Petitioner given a fair and reasonable..........
Railway Protection Force Rules, 1987 -- Departmental enquiry - Defence assistant - Transfer at his own request of defence assistant assisting the petitioner in the enquiry - Petitioner stated that he is willing to defend himself during enquiry - Such transfer cannot be construed as a denial of opportunity to the petitioner, either violating the principles of natural..........
Banking service -- Cash credit limit - DICGC charge/guarantee fee -Charging of - Plea that prior notice was not given - Parties are bound by the terms of contract - The compliance of principles of natural justice cannot be read into the express terms of contract...........
Punjab National Bank Officers Employees (Discipline & Appeal) Regulations, 1977 -- Regulation 6(10) - Departmental enquiry - Principles of natural justice - Non supply of documents to file reply - The service regulation in the instant case provide a right to the employee to summon the record after establishing relevance thereof - Relevance has to be established before the..........
Principles of natural justice -- Object is to ensure a fair hearing and a fair deal to the party whose rights are going to be affected - Every case has to be examined on its own facts, keeping in view the nature of the enquiry, to determine whether prejudice has been caused to the person affected - Distinction has to be drawn between: (a) no notice, (b) no hearing, and (c)..........
Departmental enquiry -- Principles of natural justice - Challenge to the departmental proceedings on ground that some material document was either not brought on record or if brought on record, it was not validly proved or that right to cross-examine was denied - These cases would fall in the category of cases of `no adequate hearing'...........
Back wages -- Once the inquiry is vitiated and finding of inquiry officer is held to be invalid delinquent is entitled to natural and normal relief of reinstatement with continuity of service with full backwages of the interim period - The employer has to prove the gainful employment of the delinquent or to point out exceptional circumstances to deny the backwages of the..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of female child - Parents divorced - Mother remarried - Child on advent of puberty - Held, remarriage of mother is not a disqualification - Female child requires company of mother more - Mother after remarriage leading life as house wife - No female member in house of father - Apprehension that second husband..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Industrial dispute - Rule of evidence - Substantive evidence - Adjudicating bodies constituted under the act are not bound by the technical rules of evidence contained in the Evidence Act - Their proceedings are to be governed by the substantive rules of procedure and natural justice - The principle that a fact..........
Industrial Disputes Act, 1947, Section 10, 11A -- Termination - Inquiry - Natural justice - Petitioner management did not produce any evidence to prove that a valid, proper and fair enquiry had been conducted by the Competent Authority - Delinquent official cannot be punished on the basis of such inquiry report - Award of Labour Court ordering reinstatement with continuity..........
