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Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Allows Writ Petition Challenging Suspension Order and Non-Payment of Subsistence Allowance in Service Matter. Suspension order without subsistence allowance held illegal and violative of principles of natural justice.

The petitioner, Shri Sambhaji Maruti Gutte, was appointed as a Peon in the Residential Deaf and Dumb School, Hingoli (respondent no.5) in 1992. The sc...

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Bombay High Court Dismisses State's Challenge to Reinstatement of Suspended Police Employees Pending Criminal Trial. Suspension Cannot Be Continued Indefinitely Without Review; Reinstatement to Non-Executive Post Pending Trial Upheld Under Maharashtra Civil Services Rules.

The State of Maharashtra and the Assistant Commissioner of Police, Thane, filed four writ petitions under Article 226 of the Constitution of India cha...

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Bombay High Court Allows Writ Petition of Retired Ordnance Factory Labourer Seeking Full Salary for Suspension Period Following Acquittal — Period of Suspension Must Be Treated as Duty for All Purposes Under Fundamental Rule 54-B(3) When Acquittal Is Based on Full Trial on Merits.

The petitioner, Gopal S/o Sitaram Bairisal, a retired labourer from Ordnance Factory, Ambazari, filed a writ petition challenging the order of the Cen...

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Bombay High Court Allows Petition Challenging Arms License Revocation Based on Pre-Renewal Incident. License Renewal After Incident Precludes Revocation on Same Ground Under Arms Act, 1959.

The petitioner, a holder of an arms license under the Arms Act, 1959 since 1999, had his license renewed in February 2003. Prior to renewal, a crimina...

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Bombay High Court Quashes Arms Licence Revocation for Lack of Subjective Satisfaction and Non-Application of Mind. Licensing Authority Failed to Consider Petitioner's Explanation and Renewal History Under Section 17(3) of Arms Act, 1959.

The petitioner, Ajay Jayawant Bhosale, was a Municipal Councilor and Upshahar Pramukh of Shiv Sena in Pune. He obtained an arms licence in 2003 under ...

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Bombay High Court Allows Collector to Consider Suspension on Remand in Excise Licence Case — Remand Not Restricted to Fine Only. The Court held that the Collector could consider suspension of licence and subsequent facts on remand from the Minister under the Maharashtra Excise Act, 1915.

The petitioner, a CL-III licence holder, was issued a show cause notice for selling a 180 ml country liquor bottle worth Rs.17.80 at Rs.18, an overcha...

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Supreme Court Partially Allows Appeal for Back Wages in Dismissal Following Acquittal Case. Employee Acquitted of Criminal Charges Entitled to Full Wages for Suspension Period and Back Wages from Acquittal to Reinstatement.

The appellant, Raj Narain, was a Sorting Assistant in Railway Mail Service placed under suspension on 23.10.1979 following allegations of forged payme...

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Bombay High Court Quashes Suspension of Courier License in Gold Smuggling Case — Violation of Natural Justice. Suspension Order Set Aside as Show Cause Notice Did Not Allege Any Act or Omission by Petitioner Under Courier Regulations, 1998.

The petitioner, TNT India Private Limited, a private limited company incorporated under the Indian Companies Act, 1956, and a subsidiary of TNT Expres...