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Bombay High Court Upholds Dismissal of Bank Employee in Disciplinary Proceeding — Enquiry Found Fair and Findings Not Perverse. Part-I Award of Industrial Tribunal Confirmed as No Violation of Natural Justice or Principles of Evidence.

The petitioner, Chandrakant Shinde, an employee of Maharashtra Gramin Bank (a Regional Rural Bank established under the Regional Rural Banks Act, 1976...

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Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

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Supreme Court Upholds Dismissal of Scientist Without Inquiry in Interest of Security of State. Dismissal under Article 311(2)(c) of Constitution and Rule 14 of CCS (CCA) Rules, 1965 Upheld as Procedural Safeguards Not Applicable Where Security of State is Involved.

The appellant, Dr. V.R. Sanal Kumar, was a Scientist/Engineer in the Vikram Sarabhai Space Centre (VSSC), a unit of the Indian Space Research Organisa...

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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court at Goa Quashes De Novo Inquiry Order in Disciplinary Proceedings Against Government Officer for Alleged Fraudulent Award of Works Without Tenders. Disciplinary Authority Cannot Order Fresh Inquiry Without Setting Aside Earlier Report and Without Hearing Delinquent Officer.

The petitioner, Shri K. Kamaladinni, a government officer, challenged an order dated 28 August 2018 directing a de novo inquiry into charges against h...

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High Court of Karnataka Quashes Dismissal Order in Service Dispute — Violation of Natural Justice. Dismissal under Rule 8(viii) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 without disciplinary inquiry held illegal.

The petitioner, B.Y. Nilugal, an Assistant Executive Engineer in the Karnataka Housing Board, was dismissed from service by an order dated 25.06.2019 ...

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High Court of Karnataka Dismisses State's Petition Against Tribunal Order in Service Matter — Senior Motor Vehicle Inspectors Entitled to Higher Pay Scale. Principle of Equal Pay for Equal Work Applied to Employees Performing Same Duties Under Same Employer.

The State of Karnataka and the Commissioner for Transport filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an...