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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 Appeal Against Dismissal of Complaint on Technical Ground — Remands for Merits Consideration. State Bar Council's Failure to Dispose Complaint Within One Year Leads to Transfer; Bar Council of India Must Not Dismiss on Technicalities.

The appellant, K. Anjinappa, filed a complaint against his advocate for professional misconduct before the Bar Council of State of Andhra Pradesh unde...

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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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Bombay High Court Quashes Disciplinary Proceedings Against Retired Judicial Officer Initiated After Acceptance of Voluntary Retirement. Disciplinary proceedings initiated after acceptance of voluntary retirement are without jurisdiction as the employer-employee relationship ceases upon retirement.

The petitioner, a retired District Judge, challenged the initiation and continuation of disciplinary proceedings against her after her request for vol...

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Bombay High Court Allows Appeal by Air India, Upholds Dismissal of Air Hostess for Unauthorized Absence After Maternity Leave. The court held that the Industrial Tribunal's order of reinstatement was perverse and that the employer's decision to dismiss was justified under the Model Standing Orders.

The litigation between Air India Limited (appellant) and Ms. Shashikala Jatav (respondent) has been ongoing for two decades. The respondent was employ...

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Bombay High Court Quashes Dismissal Order in MSEB Disciplinary Case — Violation of Natural Justice. Disciplinary Authority Failed to Supply Inquiry Report Before Imposing Penalty Despite Inquiry Officer's Exoneration.

The petitioner, Shamsundar Yashwant More, a retired employee of the Maharashtra State Electricity Board (MSEB), challenged the order of dismissal pass...

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Bombay High Court Dismisses Writ Petition of Extra Departmental Agent Challenging Dismissal for Misappropriation. Departmental Enquiry Charge of Misappropriating Rs.100 Proved by Preponderance of Probabilities, No Perversity Found.

The petitioner, Ramdas Shankarrao Digraskar, was appointed as an Extra Departmental Agent (E.D.A.) on 5.8.1983 and later promoted to Extra Departmenta...