Advocates Act, 1961, Section 35, 36, 38 -- Advocate - Professional misconduct - Enquiry by Disciplinary Committee - Opportunity to cross examine witnesses not granted - Documents in vernacular script and members of Disciplinary Committee not familiar with vernacular script and they could not appreciate the documents when it was in a language not known to them - Without..........
Advocates Act, 1961, Section 35, 38 -- Professional misconduct - Gross negligence - In discharge of professional service to client - In the instant case, complainant alleges that cheque handed over to advocate for initiating criminal action was not handed over to him - However, as per advocate, he returned cheque but he failed to get acknowledgment from complainant - Said..........
Service -- Compulsory retirement - Judicial Officer - Serious allegations of misconduct - Disciplinary enquiry not held - Order of compulsory retirement, invalid...........
Punjab Civil Services Rules, Volume II, Rule 2.2(a) -- Departmental inquiry - Petitioner was previously dismissed from service on account of incident of misbehavior - Once, petitioner has been awarded punishment by department for misconduct during his service, then after retirement on basis of same misconduct which resulted into conviction another punishment cannot be..........
Punjab Civil Services Rules, Volume II, Rule 2.2(a) -- Departmental inquiry - Petitioner was released on probation by appellate Court and department was required to first determine whether evidence on which petitioner was convicted but ultimately released on probation amounts to gross misconduct warranting exercise of powers u/R.2.2(a) of Rules - Order does not show that..........
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..........
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..........
Labour Law -- Misconduct - Termination - Labour Court on available material on record found that termination was unjustified on the basis of a perverse finding entered by inquiry officer - High Court committed mistake while holding that Labour Court did not follow the procedure, as it is seen from award that management not sought for an opportunity for leading evidence -..........
Labour Law -- Unjustified termination - Denial of gratuity - In order to deny gratuity to an employee it is not enough that alleged misconduct of employee constitutes an offence involving moral turpitude as per report of domestic inquiry - There must be termination on account of alleged misconduct, which constitutes an offence involving moral turpitude for denial of..........
Labour Law -- Unjustified termination - Compensation and gratuity - High Court itself granted compensation since Court felt that termination was unjustified, since reinstatement was not possible on account of superannuation - Denying gratuity in such situation by High Court is not justified, as gratuity is denied only when termination is for misconduct involving moral..........
