Service -- Domestic enquiry - Evidence Act is not applicable to proceedings in a domestic enquiry though principles of fairness apply - Assessment of evidence in a domestic enquiry is not the same as in Civil Court - In a domestic enquiry guilt may not be proved beyond reasonable doubt and proof of misconduct is sufficient - In a domestic enquiry all materials which are..........
Service -- Domestic enquiry - Confessional evidence and circumstantial evidence, despite lack of any direct evidence, is sufficient to hold the delinquent guilty of misconduct and to justify the order of termination that had been passed...........
Arbitration Act, 1940, Section 30 -- Arbitration award - Misconduct - By awarding more than what was claimed in the claim statement the arbitrator clearly extends its jurisdiction - Arbitrator thus commits a legal misconduct and award to that extent is liable to be set aside...........
Words and phrases -- The word 'misrepresentation' - The word 'fraud' - The word 'misconduct' - Meaning explained...........
Service -- Misconduct - Earlier misconduct not mentioned in chargesheet - There is no hard and fast rule that merely because the earlier misconduct has not been mentioned in the chargesheet it cannot be taken into consideration by the punishing authority...........
Service -- Misconduct - Police constable absented himself from election duty without permission - Punishment of compulsory retirement - Absence of 21 days by a member of disciplined force is sufficient to justify his compulsory retirement...........
Arbitration and Conciliation Act, 1996, Section 11(5), 6(2) -- Arbitration award - Non speaking award - Scope of interference in a non-speaking award is extremely limited - Court cannot probe into the mental process of the arbitrator - Court should endeavour to support a non-speaking arbitration award provided it adhered to the parties' agreement and was not invalidated..........
Service -- Disciplinary proceedings - Punishment - Power of punishment to an employee is within the discretion of the employer and ordinarily the courts do not interfere, unless it is found that either the enquiry, proceedings or punishment is vitiated because of non-observance of the relevant Rules and Regulations or principles of natural justice or denial of reasonable..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of such a public servant for..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Misconduct - Termination - Principles of natural justice - Neither charge - sheet issued nor enquiry conducted - After termination show cause notice issued - Enquiry held ex parte - Findings of the Labour Court that the respondent workman could not be faulted for not participating in the departmental enquiry as his..........
