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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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Bombay High Court Dismisses Writ Petition of Bank Employee Challenging Dismissal for Misuse of Credit Card. Misconduct of Exceeding Credit Limit and Continued Use After Card Was Hot-Listed Constitutes Gross Misconduct Justifying Dismissal Without Enquiry Under Bipartite Settlement.

The petitioner, Ramesh Raghunath Chavan, was an employee of the Bank of India. He was issued a credit card in 1995. He misused the card by exceeding t...

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High Court of Bombay Considers Revision Against SEBI Special Court's Rejection of Discharge in SEBI Prosecution for Non-Payment of Penalty. Vicarious Liability of Directors Under Section 27 SEBI Act Questioned Due to Absence of Specific Averments in Complaint.

The matter arose from four Criminal Revision Applications filed before the High Court of Bombay challenging a common order of the SEBI Special Court t...

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Bombay High Court Dismisses Revenue's Appeal in Customs Act Case — Master of Vessel Solely Liable for Import Manifest Errors. Agents Filing Manifest on Behalf of Master Not Liable Under Sections 30 and 148(2) of Customs Act, 1962.

The case involves an appeal by the Commissioner of Customs (Imports) against M/s Patvolk and M/s Shahi Containers. The dispute arose from the arrival ...

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Bombay High Court Delivers Oral Judgment on Writ Petition Against Dismissal of Government Employee. Court Considers Whether Departmental Enquiry Was Valid After Discharge in Criminal Case and Whether Possession of Unaccounted Cash Constitutes Misconduct.

The petitioner, a Lower Division Clerk in the Accounts Department of the Government of Maharashtra, was suspended in 1977 after an FIR was lodged agai...

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Bombay High Court Dismisses Union of India's Challenge to CAT Order Quashing Dismissal of Naval Employee for Non-Service of Charge Sheet. Failure to Serve Charge Sheet at Correct Address Violates Natural Justice, Disciplinary Proceedings Vitiated.

The case involves a challenge by the Union of India and naval authorities against a judgment of the Central Administrative Tribunal, Mumbai Bench, whi...

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Bombay High Court Upholds Removal of BHEL Engineer Trainee for Demanding Illegal Gratification. Disciplinary proceedings validly conducted; no violation of natural justice or proportionality in penalty of removal for demanding bribe for placement of purchase order.

The petitioner, Umesh Eknath Agalawe, was employed as an Engineer Trainee with Bharat Heavy Electricals Limited (BHEL). Disciplinary proceedings were ...

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Bombay High Court Allows Revision, Sets Aside Order Rejecting Discharge Application for Non-Compliance with Sections 226 and 227 Cr.P.C. — Mandatory Hearing Before Framing of Charge in Sessions Case

The revision petitioner, Balam Gulab Pathan, was the original accused in a sessions case for the offence punishable under Section 302 of the Indian Pe...