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Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining Performance in Disciplined Force. Entire Service Record Including Pre-Promotion Adverse Entries Considered; 'Washed-Off Theory' Inapplicable to Retention Assessments Under Fundamental Rule 56(j).

The dispute arose from the compulsory retirement of a Central Industrial Security Force Inspector under Fundamental Rule 56(j). The appellant, who joi...

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High Court of Karnataka Dismisses Appeal Against Arbitral Award Due to Limitation Bar. Delay of 85 Days in Filing Appeal Under Section 37 of Arbitration and Conciliation Act Not Condoned for Lack of Sufficient Cause.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13(1-A) of the Commercial Courts Act, 20...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

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Supreme Court Allows Corporation's Appeal in Service Dispute Over Competence to Issue Chargesheet and Proportionality of Punishment. Discharge from service upheld as valid penalty for misconduct at Air Force station.

The Supreme Court heard two appeals arising from a common order of the High Court in a service dispute between Bharat Petroleum Corporation Limited (t...

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Bombay High Court Dismisses Employee's Writ Petition Against Termination for Misconduct in Fatal Bus Accident. No breach of natural justice found as service regulations permitted same officer to conduct inquiry and impose punishment, and inquiry was fair.

The petitioner, employed as a bus driver with the Maharashtra State Road Transport Corporation since 1988, was driving a State Transport bus on 10 May...

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Bombay High Court Allows Writ Petition Against Disciplinary Proceedings Initiated After Retirement. Disciplinary proceedings cannot be initiated after an employee's retirement unless permitted by statutory rules or pension regulations.

The petitioner, a Civil Engineer employed with the Ahmednagar Municipal Corporation, was issued a show cause notice on 30.3.2007, just before his reti...

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Bombay High Court Allows Revenue's Appeal in Part in TDS Dispute Regarding Payments to Doctors by Hospital. Payments to doctors with fixed plus variable pay under written contracts treated as salary subject to TDS under Section 192 of Income Tax Act, 1961.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal, Pune...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order in Police Service Matter — No Violation of Natural Justice Found. Transfer Order Corrected Due to Clerical Error Does Not Require Fresh Hearing as It Is an Administrative Decision.

The petitioner, Sanjeev Bhagwanrao Kokil, a Senior Police Inspector, was initially transferred from M.R.A. Marg Police Station, Mumbai to Amravati Cit...