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Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

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Madras High Court Quashes Reference in Industrial Dispute Against Minority School — Lack of Jurisdiction Under Industrial Disputes Act. School Employee's Dispute Not an 'Industrial Dispute' as School is Not an 'Industry' Under Section 2(j) of Industrial Disputes Act, 1947.

The petitioner, Amalorpavam Higher Secondary School, an unaided private minority school recognized under the National Commission for Minority Educatio...

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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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Supreme Court Upholds Dismissal of CRPF Head Constable for Negligent Handling of Weapon Causing Death of Colleague. Acquittal in Criminal Case Does Not Vitiate Disciplinary Proceeding Based on Preponderance of Probabilities.

The first respondent, Sitaram Mishra, was a Head Constable in the CRPF. On 18 February 1998, while cleaning his loaded 9 MM carbine in the barracks wi...

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Bombay High Court Quashes Chargesheet Against Retired University Employee for Lack of Jurisdiction Under Discipline Rules. Disciplinary Proceedings Initiated After Voluntary Retirement Cannot Be Sustained Under Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Without Specific Provision.

The petitioner, Manohar B. Patil, was an employee of the Maharashtra Animal and Fishery Sciences University. He applied for voluntary retirement and w...

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Bombay High Court Dismisses Petition of CISF Constable Challenging Removal from Service for Unauthorized Absence. Disciplinary Authority's Order of Removal Upheld as Not Disproportionate to Misconduct of Absence Without Leave for Over 8 Months.

The petitioner, a constable in the Central Industrial Security Force (CISF), was removed from service by an order dated 7th May 2012 issued by the Com...

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High Court Quashes Disciplinary Order for Recovery of Rs. 2398.80 Due to Violation of Natural Justice and Disciplinary Rules

The petitioner, a junior engineer with  Respondent, challenged a disciplinary order dated 14/05/2019 imposing recovery of Rs. 2398.80 for alleged...