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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...

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Supreme Court Upholds Dismissal of Employee for Accepting Hospitality from Bidder During Tender Process. Attending IEEMA Conference Without Permission and Availing Air Ticket from M/s. Secure Meters Constitutes Misconduct Under Service Regulations.

The appellant, Rathin Ghosh, was a Superintending Engineer with 22 years of unblemished service in the West Bengal State Electricity Distribution Comp...

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Supreme Court Allows Canara Bank's Appeal in Disciplinary Reversion Case — Division Bench Exceeded Scope of Judicial Review. Regulation 10 of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 is Directory, Not Mandatory.

The case involves a disciplinary action taken by Appellants against its Senior Manager, Respondents, who was reduced from SMG Scale-IV to MMG Scale-II...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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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 Upholds Dismissal of Junior Clerk for Demanding Bribe in Service Matter. Disciplinary Authority's Order Based on Complainant's Testimony Found Sustainable in Absence of Procedural Violation or Bias.

The petitioner, Vinayak Narayan Navkar, was appointed as a Junior Clerk on 04.06.2005 and posted at the Court of 3rd Joint Civil Judge (Junior Divisio...

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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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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 ...