Search Results for "Maharashtra Civil Services (Discipline and Appeal) Rules, 1979"

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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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Bombay High Court Upholds Termination of Assistant Registrar in Service Law Case — Unsigned Memo Does Not Invalidate Termination of Probationer. Termination Order Based on Fact-Finding Committee Report Upheld as Valid Exercise of Contractual Right During Probation Period.

The petitioner, Ashish M. Sathye, was appointed as Assistant Registrar (Administration) on probation for 24 months on 4 August 2008 by the Institute o...

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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 State's Petition Challenging Tribunal's Order Setting Aside Suspension of Senior Officer. Suspension order quashed due to non-application of mind and lack of material, considering officer's imminent retirement.

The State of Maharashtra challenged an order of the Maharashtra Administrative Tribunal dated 13 December 2014, which allowed the Original Application...

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Bombay High Court Allows Petition of Retired Municipal Employee Challenging Departmental Inquiry Initiated After Retirement. No Rule Permits Inquiry Against Ex-Employee Under Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The petitioner, Shankar Shivling Swami, was employed as a cashier in the Municipal Council, Beed. He was suspended on 16 January 1991 on a charge of m...

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Bombay High Court Dismisses Writ Petition Against Eviction Order Under Public Premises Act — Maintainability Challenge Rejected. Division Bench Holds That Writ Petition Under Article 226 Is Maintainable Despite Availability of Revision, and That a Division Bench Has Jurisdiction to Hear Such Petitions.

The petitioner, Mr. Nusli Neville Wadia, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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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 in Disciplinary Proceedings for Misconduct. Non-Supply of Enquiry Report Before Final Order Does Not Vitiate Proceedings Absent Prejudice.

The petitioner, a judicial officer, joined the Maharashtra Judicial Service in 1990. Disciplinary proceedings were initiated against him, and an enqui...

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Bombay High Court Dismisses State's Petition Challenging MAT Order Setting Aside Dismissal of Police Constable. Departmental Enquiry Conducted Without Authority of Law Under Bombay Police Act, 1951 Renders Dismissal Void.

The State of Maharashtra and the Commissioner of Police, Navi Mumbai, filed a writ petition challenging an order of the Maharashtra Administrative Tri...