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Gujarat High Court Quashes Adverse ACR Where Reporting and Reviewing Officer Were Same — Violation of Natural Justice. Confidential remarks set aside as the reviewing officer, being the same person as the reporting officer, failed to provide independent scrutiny, rendering the entry unsustainable.

The petitioner, a Lecturer appointed in 1999, challenged an adverse entry recorded in his Annual Confidential Report (ACR) for the period from 19 July...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Dismisses Writ Petition of Headmistress Against Termination, Upholds School Tribunal's Order. Disciplinary Enquiry Under Maharashtra Employees of Private Schools (Conditions of Service) Rules Not Vitiated by Procedural Irregularity as Employee Failed to Nominate Her Representative.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in Abhinav Vidya Mandir (English Medium) in 1989. In 1994, she wa...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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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 Upholds CAT Order in Railway Promotion Dispute — Criteria for Assessment of Candidates for PHOD Post Held Arbitrary. The Court directed review DPC for notional promotion from date juniors were promoted with consequential benefits.

The Union of India and another (petitioners) challenged the judgment and order dated 23rd January 2001 of the Central Administrative Tribunal (CAT) in...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order in ACR Downgrade Case. Reviewing Officer's Downgrade Without Communication Violates Natural Justice; Employee Entitled to Promotion with Notional Benefits.

The Union of India and other petitioners challenged an order of the Central Administrative Tribunal, Mumbai Bench, dated 09/07/2015, which allowed the...