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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Bombay High Court Allows Petition Against Ineligibility for Judicial Appointment Due to Absence in Examination, Not Failure. Distinction between 'failure' and 'absence' in eligibility criteria for Civil Judge, Junior Division and JMFC under Maharashtra Judicial Service Rules.

The petitioner, Harsha d/o Bhikaji Gadekar, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class in the district ...

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Bombay High Court Upholds Dismissal of Judicial Officer for Misconduct. Disciplinary proceedings against a Civil Judge for unauthorized absence and insubordination were valid, and the penalty of dismissal was proportionate under the Maharashtra Civil Services (Discipline and Appeal) Rules.

The petitioner, Harishchandra Sarjerao Gajbhiye, joined the judicial service in Maharashtra on 13/7/1988 as a Civil Judge, Junior Division and Judicia...

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Bombay High Court Upholds Dismissal of Judicial Officer for Misconduct and Assault. Departmental enquiry based on criminal conviction for assaulting a colleague under influence of alcohol is valid and does not require separate disciplinary proceedings.

The petitioner, Shri Rajesh Ratanlal Kale, was a Judicial Officer working as IIIrd Joint Civil Judge (Junior Division) and J.M.F.C. at Bhiwandi. On 22...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...