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..........
Liquor vends on highways -- Directions issued for prohibition of liquor vends on highways viz: (i) All States and Union territories shall forthwith cease and desist from granting licences for sale of liquor along with National and State Highways; (ii) Such restriction shall extend to and include stretches of such highways which fall within the limits of a municipal..........
Army Rules, 1954, Rule 13 -- Denial of pension - Crossing threshold four red entries cannot be a ground to discharge without considering other relevant circumstances - There was no application of mind by authorities to circumstances which were taken into consideration while exercising power u/r 13 of Army Rules - Impugned order of rejecting claim of pension of appellant..........
Constitution of India, 1950, Article 16 -- Appointment for post of Assistant Professor - Whenever Board of Regents considers a person placed lower in merit in list of selected candidates recommended by Selection Committee, it can do so only by recording reasons as to why case of person placed above is being overlooked and person below is considered best for being appointed..........
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 -- Termination - Reinstatement - Not clear from record that respondent did not get engaged in some other employment after termination of service - Moreover respondent lost confidence of management - Order of reinstatement with back wages substituted by directing appellants to pay Rs.50 lacs as lump sum amount of compensation...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
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..........
