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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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High Court of Bombay at Goa Allows Writ Petition Challenging Termination of Employees by Goa State Pollution Control Board. Abolition of Posts Held Mala Fide and Termination Violative of Principles of Natural Justice.

The petitioners, six women employed by the Goa State Pollution Control Board (GSPCB), challenged their termination from service on 27.11.2014 and the ...

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Supreme Court Allows Employer's Appeal in Corruption Case, Upholds Dismissal of Employee Despite Pending Criminal Trial. Departmental Proceedings and Criminal Trial Operate in Different Fields; Participation in Enquiry Waives Right to Stay.

The case arises from a disciplinary action taken by Eastern Coalfields Limited against its employee, Rabindra Kumar Bharti, who was arrested by the CB...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Bombay High Court Upholds Removal of Executive Engineer in MSEDCL Bribery Case — Summary Dismissal Procedure Valid. Demand and Acceptance of Rs.50,000 Bribe for Clearing Contractor's Bills Constitutes Serious Misconduct Warranting Removal from Service.

The petitioner, Sudhakar Shankar Chapke, was appointed as a Junior Engineer in the Maharashtra State Electricity Board in 1982 and was promoted to Exe...

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Bombay High Court Dismisses Writ Petition of Extra Departmental Agent Challenging Dismissal for Misappropriation. Departmental Enquiry Charge of Misappropriating Rs.100 Proved by Preponderance of Probabilities, No Perversity Found.

The petitioner, Ramdas Shankarrao Digraskar, was appointed as an Extra Departmental Agent (E.D.A.) on 5.8.1983 and later promoted to Extra Departmenta...