Service -- Compulsory retirement - Judicial Officer - Serious allegations of misconduct - Disciplinary enquiry not held - Order of compulsory retirement, invalid...........
Service -- Departmental inquiry - Interference by Courts - Non application of mind by Enquiry Officer or the Disciplinary Authority and non recording of reasons in support of conclusion arrived at by them are grounds on which writ Courts are justified in interfering with the orders of punishment...........
Service -- Departmental inquiry - Interference by Courts - Writ Court is very slow in interfering with the findings of facts recorded by departmental authority on the basis of evidence available on record - However, writ Court would certainly interfere with disciplinary enquiry or resultant orders passed by competent authority on that basis if enquiry itself was vitiated..........
Service -- Disciplinary enquiry - Removal from service - Enquiry conducted without giving a fair and reasonable opportunity for leading evidence in defence - Disciplinary Authority does not appear to have properly appreciated the evidence nor recorded reasons in support of his conclusion - Even the Appellate authority instead of recording its own reasons and independently..........
Service -- Disciplinary enquiry - Where High Court finds enquiry to be deficient either procedurally or otherwise, proper course always is to remand the matter back to the concerned authority to redo the same afresh - However, this course is not the only course open in a given situation - There may be situations where because of a long time lag or such other supervening..........
Service -- Removal from service - Defective disciplinary enquiry - Remand - Respondent suspended in the year 2005 - Dismissal order was challenged in the High Court in 2006 but remained pending till 2013 and in between respondent superannuated - Not only that respondent also suffered from a heart attack which confined him to bed - He is now 65 years of age - Any remand..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Bail refused - Accused did not surrender - To evade arrest accused got himself admitted in a hospital and remained admitted for 527 days with the help of hospital staff without any justification - No medical emergency which could justify continued admission in hospital - Accused held, guilty of having violated..........
Service -- Dismissal - Misconduct and misbehavior - Constable in Central Industrial Security Force (CISF) - Respondent intentionally disobeyed the orders of his superiors and deserted the force for a period of 5 days - Such desertion is an act of gross misconduct - Even respondent not improving his conduct in spite of imposition of penalties on three occasion earlier and..........
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 to decide the same - It is only in exceptional circumstances, where..........
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 imposition of lesser punishment...........
