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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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High Court of Karnataka Dismisses Railway Appeal in Motor Vehicle Accident Case — Negligence of Locomotive Driver Upheld. Compensation of Rs.3,70,600/- awarded to widow of deceased auto-rickshaw passenger killed at unmanned level crossing due to failure of railway to provide adequate safety measures.

The case arises from a motor vehicle accident claim where the claimant, Smt. Shankaramma, sought compensation for the death of her husband, Rajani, ag...

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Supreme Court Dismisses Respondent's Claim of Reduction in Rank, Holds Mere Reversion from Officiating Post Not Violative of Article 311(2) of the Constitution of India. The Court distinguished Vaikunthe's case, finding that reversion without permanent bar to promotion does not attract Article 311(2).

The case arose from the Southern Railway where the respondent, S. Raghavendrachar, was originally employed as a Train Examiner in the pay scale of Rs....

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Bombay High Court Dismisses Petition Seeking Regularisation of Ad-hoc Promotion in Konkan Railway. No Legal Right Established Without Rules or Policy.

The petitioner, Sreekumar G., filed a writ petition before the Bombay High Court seeking to quash an order dated 28.06.2013 and to declare that his ad...

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Bombay High Court Allows Writ Petition of Retired Railway Employee Challenging CAT Order Dismissing Pension Claim on Limitation Grounds. Delay Caused by Respondent's Negligence Cannot Bar Substantive Claim for Pensionary Benefits.

The petitioner, Shri Raghunath Nathoo Bari, a retired Junior Clerk of the Chief Security Commissioner's Office, Central Railway, Mumbai, filed a writ ...

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Bombay High Court Dismisses Petition of Police Sub-Inspector Challenging Compulsory Retirement Order. Departmental Enquiry Based on Misconduct Involving Smuggled Goods Upheld as Fair and Proper.

The petitioner, Hisamuddin Abdul Rahim Kazi, a Sub-Inspector of Police in Maharashtra, joined service on 1st March 1967. On 4th June 1987, the Commiss...

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Supreme Court Allows IRCTC's Appeals in Catering Contract Dispute, Restricts Interference Under Sections 34 and 37 of Arbitration Act. Court holds that High Court erred in re-appreciating evidence and substituting its own view over arbitrator's findings on tariff revision.

The Supreme Court allowed the appeals filed by Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) and other parties, setting aside the Delh...