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Bombay High Court Quashes Externment Order for Violation of Natural Justice — Notice Under Section 59 of Maharashtra Police Act Not Served. Failure to Serve Notice Under Section 59 of Maharashtra Police Act, 1951 Renders Externment Proceedings Void Ab Initio.

The petitioner, Bharat Shatrughana Bhosale, challenged an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which...

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Supreme Court Allows State Appeal in Prison Transfer Case — Intra-State Transfer of Convict Upheld on Security Grounds. Transfer Order Based on Apprehension of Gang War and Insufficient Staff Held Valid Under Section 29 of Prisoners Act, 1900 and Rule 770(b) of State Jail Manual.

The State of Jharkhand and others appealed against the High Court of Jharkhand's order quashing the transfer of respondent Vikash Tiwary, a life convi...

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Bombay High Court Dismisses Student's Challenge to Expulsion for Sexual Harassment — Procedural Defects Cured by Appeal Process. Expulsion Upheld as Proportionate Under UGC Regulations 2015 for Repeated Misconduct Despite Humanitarian Considerations.

The petitioner, a student of Maharashtra National Law University (MNLU), was expelled after an Internal Complaints Committee (ICC) found him guilty of...

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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Bombay High Court Quashes Dismissal of RPF Constable for Dispensing with Enquiry Without Sufficient Reasons. Rule 53 of Railway Protection Force Rules, 1987 Requires Recording of Reasons for Dispensing Enquiry.

The petitioner, an ex-Constable in the Railway Protection Force (RPF), was dismissed from service by order dated 15 January 2019, dispensing with the ...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Supreme Court Clarifies Minimum Residual Tenure for DGP Appointment as Six Months in Police Reforms Case. The Court held that UPSC must empanel officers with at least six months residual service, not two years, to ensure merit and avoid favouritism under Article 142 of the Constitution.

The Supreme Court in this judgment dealt with an application for clarification of its earlier order dated 3rd July 2018 passed in I.A. No.25307 of 201...

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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959.

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment impos...

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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...