Search Results for "minor misconduct"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in Jharkhand Police Case. Division Bench Erred in Reappreciating Evidence in Departmental Enquiry Where Charges of Fraud and Unauthorised Absence Were Proved on Preponderance of Probabilities.

The present appeal arises from a judgment of the Division Bench of the High Court of Jharkhand at Ranchi, which allowed the Letters Patent Appeal file...

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High Court of Bombay at Nagpur Quashes Dismissal of Bank Manager in Disciplinary Proceeding — Penalty Disproportionate to Misconduct Where No Loss Caused to Bank. Employer Must Consider Nature and Gravity of Charges and Unblemished Service Record Before Imposing Major Penalty.

The petitioner, Kishor Gopichand Ukey, was a Manager with the Central Bank of India. He was served with a charge-sheet containing eight charges in a d...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Bombay High Court Upholds Dismissal of Conductor in MSRTC Ticketless Travel Case — Reinstatement Set Aside as Punishment Not Disproportionate. The court held that the Industrial Court's revisional order restoring dismissal was not perverse and did not warrant interference under Article 227.

The petitioner, Mahadeo Shripati Khot, was a conductor employed by the Maharashtra State Road Transport Corporation (MSRTC) since December 1988. On 31...

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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 Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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Bombay High Court Allows Father's Custody Petition for Minor Son in Habeas Corpus Proceedings. Father, acquitted of murder charges, held entitled to custody of his child as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, despite allegations of misconduct.

The petitioner, Amol Ramesh Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking custody of his minor son Teja...