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Madras High Court Allows Retired IAS Officer's Petition to Quash Disciplinary Proceedings Initiated Without Sanction Under Rule 9 of CCS (Pension) Rules, 1972. Charge Memo Issued on Last Day of Service Invalid Due to Lack of Prior Sanction and Inordinate Delay in Proceedings.

The petitioner, K.Suresh, an IAS officer of the 1982 batch from the Madhya Pradesh cadre, retired on 31.08.2015 as Principal Secretary. On his last da...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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Bombay High Court Delivers Oral Judgment on Writ Petition Against Dismissal of Government Employee. Court Considers Whether Departmental Enquiry Was Valid After Discharge in Criminal Case and Whether Possession of Unaccounted Cash Constitutes Misconduct.

The petitioner, a Lower Division Clerk in the Accounts Department of the Government of Maharashtra, was suspended in 1977 after an FIR was lodged agai...

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High Court of Karnataka Hears Writ Petition Against Tribunal Order Upholding Withholding of Pension. Challenge centres on validity of departmental enquiry initiated post-retirement under Rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

The writ petition under Articles 226 and 227 of the Constitution was filed by a retired Revenue Inspector challenging the order of the Karnataka State...

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High Court of Karnataka Quashes Criminal Proceedings Against Government Officer Due to Bar Under Civil Services Rules — Prosecution for Misappropriation of Funds Held Barred by Rule 214(3) and (6) of Karnataka Civil Services Rules, 1958 as Sanction Was Not Obtained.

The petitioner, a former Block Development Officer, was accused of misappropriating Rs.11,47,360/- during 2004-2005. An FIR was registered under Secti...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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Bombay High Court Dismisses Petition Seeking Antedated Promotion and Seniority Revision for Municipal Employee. Petitioner's claim for deemed promotion date from 2008 rejected due to pending disciplinary proceedings and subsequent penalty.

The petitioner, Himmat Dalichand Mali, an employee of the Municipal Corporation of Greater Mumbai (MCGM) belonging to the Vimukta Jati category, filed...