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Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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Supreme Court Allows State Appeal in Police Misconduct Case — Reinstates Dismissal Order. Departmental Inquiry Findings Based on Some Evidence Cannot Be Overturned by Tribunal or High Court in Judicial Review.

The State of Karnataka appealed against the judgment of the Karnataka High Court which upheld the Karnataka Administrative Tribunal's order setting as...

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Supreme Court Allows Appellant's Appeal -- Reinstates Criminal Proceedings Against Executive Engineer Despite Exoneration in Disciplinary Proceedings Under Prevention of Corruption Act, 1988

The Supreme Court heard an appeal by the Karnataka Lokayukta against a High Court judgment quashing criminal proceedings against the respondent, an Ex...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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Bombay High Court Allows MSRTC's Petition, Sets Aside Condonation of Delay in Unfair Labour Practice Complaint. Pendency of Criminal Case and Acquittal Not Sufficient Cause to Condone Delay in Challenging Departmental Punishment Under MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) and its Divisional Traffic Officer filed a writ petition challenging an order of the Industri...

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High Court Quashes Industrial Tribunal Award Reinstating Employee in Banking Company Case, Holding Voluntary Retirement Under Bipartite Settlement Valid. Employee's Inaction and Prolonged Absence After Sanctioned Leave Justified Deemed Voluntary Retirement Without Departmental Enquiry.

The dispute arose when an employee of State Bank of India, serving as a cashier cum clerk, availed leave and overstayed in Japan. Between April and Ju...

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Bombay High Court Hears Writ Petitions Challenging Reduction of Debarment Penalty in Solid Waste Tender Dispute. Court Considers Whether Appeal Against Debarment Order Was Maintainable Under Contractor Registration Rules, 1992.

The dispute arose from a tender floated by the Municipal Corporation of Greater Mumbai (MCGM) on 08.05.2018 for transportation of municipal solid wast...

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Bombay High Court Remands Disproportionate Punishment Case to Industrial Court for Fresh Determination of Quantum. Industrial Court's Power to Interfere with Punishment Under MRTU & PULP Act Upheld, but Remand Ordered for Proper Application of Proportionality Principle.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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Bombay High Court at Goa Quashes Disciplinary Proceedings Against Police Personnel for Violation of Natural Justice and Lack of Evidence. Inquiry conducted without proper opportunity to cross-examine witnesses and based on inadmissible evidence held unsustainable.

The judgment concerns four writ petitions filed by police personnel (three police constables and one assistant sub-inspector) challenging disciplinary...