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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Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...

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Supreme Court Reinstates Terminated Women Judicial Officers, Emphasizes Gender Sensitivity in Judiciary. Court Sets Aside Termination Orders, Reinstates Sarita Choudhary and Aditi Kumar Sharma with Consequential Benefits

The Supreme Court set aside the termination orders, holding that the terminations were punitive, arbitrary, and astigmatic. Petitioners were reinstate...

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Supreme Court Nullifies Disciplinary Penalty Against Retired Medical Officer. “Vindication for the appellant as disciplinary actions declared arbitrary, with justice triumphing over executive misconduct.”

The Supreme Court of India, examined the legality of disciplinary proceedings initiated against a retiring Senior Medical Officer for alleged mis...

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Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...