Search Results for "Article 311(2)"

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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Bombay High Court Quashes Compulsory Retirement Order for Non-Furnishing of Disagreement Report in RPF Disciplinary Proceedings. Disciplinary Authority's Failure to Provide Disagreement Report Violates Principles of Natural Justice and Article 311(2) of the Constitution of India.

The petitioner, an ex-Constable of the Railway Protection Force (RPF), challenged the order dated 22.11.2021 passed by the Principal Chief Security Co...

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Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

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Bombay High Court Allows Teacher's Petition for Retirement Age of 60 Years Under MP Act - Petitioner Entitled to Superannuation at 60 Years as Per Regulation 7 of Chapter 10 of Madhya Pradesh Secondary Education Act, 1951

The petitioner, Vinayak Jankiram Ingle, was appointed as an Assistant Teacher on 05.08.1963/16.08.1963 by the Chief Executive Officer, Buldana, and wo...

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Bombay High Court Allows Second Appeal in Service Matter — Dismissal of Police Constable Set Aside for Violation of Natural Justice. Non-compliance with mandatory pre-decisional hearing under Article 311(2) of Constitution renders dismissal order void ab initio.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the original defendant, the Commandant of S.R.P.F. ...

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Bombay High Court Quashes FIRs Under Essential Commodities Act for Non-Essential Commodities. Wheat and Rice Seized by Rationing Authorities Held Not Covered Under Essential Commodities Act, 1955 or Control Orders.

The petitioners, including M/s. Ace International, Pankaj Pranjibhai Thakkar, and M/s. Metro International, filed three writ petitions challenging the...