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Bombay High Court Allows Petition of Retired Employee Against MHADA for Withholding Terminal Benefits Due to Pending Criminal Proceedings. Court Holds That Absence of Enabling Rule and No Disciplinary Proceedings During Service Render Withholding Illegal.

The petitioner, Narayan G. Mahajan, retired as Executive Engineer from the Maharashtra Housing & Area Development Authority (MHADA) on 31.02.2011. His...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His pr...

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Supreme Court Dismisses Appeal of ICAR Scientist Challenging Tenure Curtailment — No Enforceable Right to Complete Fixed Term When Appointment Expressly Reserved Power to Curtail. Reversion Based on Unsatisfactory Performance Not Stigmatic Under Service Law.

The appellant, joined ICAR as a Scientist in 1978 and later became Senior Scientist at CIAE, Bhopal. In 1998, he was appointed as ADG-ARIS for a perio...

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High Court of Karnataka Upholds Labour Court's Award of Reinstatement with Back Wages in Service Termination Dispute. Stigmatic Termination Without Domestic Inquiry Violates Principles of Natural Justice and Section 11-A of Industrial Disputes Act, 1947.

The case involves two writ appeals arising from an order of a learned Single Judge in W.P. No. 75525/2013. The appellant in W.A. No. 100019/2020 is th...

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Madras High Court Dismisses Writ Petition Challenging Permanent Pension Cut for Corruption in Co-operative Department. Disciplinary Proceedings for Demand and Acceptance of Bribe Upheld as Findings Were Based on Evidence and Not Perverse.

The petitioner, S. Ponmani, while serving as Additional Registrar of Co-operative Societies, was issued a charge memo on 05.05.2005 alleging that he d...

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Madras High Court Upholds Permanent Pension Cut for Corruption in Co-operative Department — Demand and Acceptance of Bribe for Rejoining Duty Proved. Disciplinary Authority's Decision Based on Enquiry Report and TNPSC Opinion Not Interfered With Under Article 226.

The petitioner, S. Ponmani, while serving as Additional Registrar of Co-operative Societies, was issued a charge memo on 05.05.2005 alleging that he d...

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Bombay High Court Allows Writ Petition Challenging Transfer Order of Junior Engineer in MSEDCL. Transfer Order Set Aside for Non-Compliance with Transfer Policy and Lack of Reasoned Consideration of Representations.

The petitioner, Mohan Moreshwar Agashe, was employed as a Junior Engineer with the Maharashtra State Electricity Distribution Company Ltd. (MSEDCL). H...

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Bombay High Court Upholds Removal of Naval Dockyard Worker for Unauthorized Absence — Dismisses Petition Against CAT Order. Disciplinary Authority's Discretion in Imposing Penalty of Removal for Habitual Absence Without Leave Upheld as Not Disproportionate.

The petitioner, Arun Waman Khadtale, was initially appointed as a casual labourer in the Naval Dockyard in 1975 and was confirmed as a permanent labou...

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Bombay High Court Quashes Discharge of Bank Clerk in Disciplinary Matter — Finding of Guilt Based on No Evidence Held Perverse. Loan Misappropriation Charge Failed as Complainant Was Not Examined and Loan Was Repaid Before Complaint.

The petitioner, Deoram S. Wayal, was employed as a peon with the Central Bank of India from 22 December 1971 and was promoted to clerk on 14 July 1988...