Search Results for "Punitive Order"

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Bombay High Court Allows Employer's Petition in Unfair Labour Practice Case — Remands for Fresh Adjudication on Punitive Termination. Punitive termination is not retrenchment under Section 2(oo) of Industrial Disputes Act, 1947; Labour Court misapplied Sections 25F and 25G.

The petitioner, Nandura Urban Cooperative Bank Ltd., challenged the orders of the Labour Court and Industrial Court which had allowed the complaint of...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Single Criminal Case and In-Camera Statements Held Insufficient to Establish Threat to Public Order Under Section 3(2) of MPDA Act.

The petitioner, Salman @ Baba Harun Khan, challenged a preventive detention order dated 18.01.2019 passed by the Commissioner of Police, Nagpur, under...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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High Court of Judicature at Bombay Delivers Judgment in Writ Petition Filed by Probationer Judicial Officer Challenging Discharge Order. The Court Examines Whether Allegations Constituted 'Motive' or 'Foundation' for Termination.

The Writ Petition filed by a probationer Judicial Officer challenges his discharge from service. The Petitioner was appointed as Civil Judge Junior Di...

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Bombay High Court Dismisses Petition Challenging Discharge of Probationer Caretaker for Unsatisfactory Performance. Probationer's services terminated after multiple extensions of probation period due to unsatisfactory performance; court held that no inquiry is required before discharge during probation.

The petitioner, Sanjoy Datta, was appointed as a caretaker on probation for two years by the Central Board for Workers Education (Board) vide order da...

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Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...