Food Corporation of India (Staff) Regulations, 1971 -- Regulation 54 - Departmental enquiry - Penalties - Amalgam of 'major' and 'minor penalty' - In the context of Regulation 54 of the 1971 Regulations, the penalty of reduction of the petitioner to the lower post is a 'major penalty as per clause (vi); while reduction to the lowest stage in the time scale with a direction..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement questioned - Plea of transgression of limits of authority by the person executing the agreement - Nothing on record to suggest that any action was indeed taken against such person for the alleged transgression of the limits of his authority and if so the..........
Indian Penal Code, 1860, Section 211 -- False charge of offence - Petitioner-accused falsely charged complainant advocate of having committed an offence and initiated preceding before Bar Council of India - Alleged false charge must relate to commission of an offence in order to attract S.211 IPC - Neither proceedings before disciplinary Committee of Bar Council of India..........
Constitution of India, 1950, Article 14, 226 -- Departmental inquiry - Punishment - Removal from service - Quantum of punishment - Discrimination - There was no charge of conspiracy leveled against the petitioner but the Inquiry Officer had recorded the findings to this effect - The Inquiry Officer has travelled beyond the scope of the charges - Had there been no finding..........
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 punishment, the High Court can..........
Right to Information Act, 2005, Section 8(1)(e)(g), 2(f) -- Information sought in respect of file notings made during conduct of disciplinary proceedings - Held, such information cannot be denied to respondent as it is not hit by Ss.8(1)(e), 8(1)(g) and 8(1)(f) of Right to Information Act...........
Service -- Disciplinary proceedings - If a person appears as a witness in disciplinary proceedings, he cannot be an inquiry officer nor can he pass the order of punishment as a disciplinary authority...........
Service -- Disciplinary proceedings - Any one who has personal interest in the disciplinary proceedings must keep himself away from such proceedings - Violation of the principles of natural justice renders the order null and void...........
Service -- Disciplinary proceedings - Bias - The existence of an element of bias renders the entire disciplinary proceedings void - Such a defect cannot be cured at the appellate stage even if the fairness of the appellate authority is beyond dispute...........
Service -- Disciplinary proceedings - It is desirable that the delinquent employee be informed by the disciplinary authority that his past conduct could be taken into consideration while imposing the punishment - However, in case of misconduct of a grave nature, even in the absence of statutory rules, the Authority may take into consideration the indisputable past..........
