Disciplinary Proceedings

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018)

/ Constitutional Law, Constitutional Law with Article 226, Contract Employees, Dhananjaya Y. Chandrachud, Disciplinary Proceedings, Judges, M.R. Shah, Regularization, Service Law

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018) LEGAL ISSUE: Whether a re-engaged contract employee is entitled to continuity of service from the date of their initial termination until their re-engagement for the purpose of regularization, even if the termination was not challenged. CASE […]

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018) Read Post »

Supreme Court Rejects Parity in Disciplinary Actions: State of Tamil Nadu vs. M. Mangayarkarasi (26 November 2018)

/ Dhananjaya Y. Chandrachud, Disciplinary Proceedings, Judges, Judicial Review, M.R. Shah, Parity of Treatment, Service Law

Supreme Court Rejects Parity in Disciplinary Actions: State of Tamil Nadu vs. M. Mangayarkarasi (2018) LEGAL ISSUE: Whether the principle of parity should be the sole basis for determining the quantum of punishment in disciplinary proceedings. CASE TYPE: Service Law (Disciplinary Proceedings) Case Name: State of Tamil Nadu & Anr. vs. M. Mangayarkarasi and etc.

Supreme Court Rejects Parity in Disciplinary Actions: State of Tamil Nadu vs. M. Mangayarkarasi (26 November 2018) Read Post »

Supreme Court modifies punishment of removal to compulsory retirement in CISF case (25 October 2018)

/ Central Industrial Security Force (CISF), CISF Rules, 1969, Compulsory Retirement, Disciplinary Proceedings, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Punishment, Service Law

Supreme Court modifies punishment of removal to compulsory retirement in CISF case LEGAL ISSUE: Whether the punishment of removal from service for unauthorized absence is disproportionate. CASE TYPE: Service Law. Case Name: Government of India & Ors. vs. V. Shanmugananthan. Judgment Date: 25 October 2018. Introduction Date of the Judgment: 25 October 2018. Citation: Not

Supreme Court modifies punishment of removal to compulsory retirement in CISF case (25 October 2018) Read Post »

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018)

/ Adarsh Kumar Goel, Ashok Bhushan, Central Reserve Police Force Act, 1949, Central Reserve Police Force Act, 1949 with Section 11(1), Central Reserve Police Force Rules, 1955, Central Reserve Police Force Rules, 1955 with Rule 27, Departmental Inquiry, Disciplinary Proceedings, Judges, Principles of Natural Justice, Service Law

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018) Date of the Judgment: 02 July 2018 Citation: 2018 INSC 605 Judges: Adarsh Kumar Goel, J., Ashok Bhushan, J. (authored the judgment) Can a disciplinary inquiry be deemed fair if the Inquiry Officer also acts as the prosecutor?

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018) Read Post »

Supreme Court Disposes of Appeal in Disciplinary Proceedings Against E K Narayanan (16 May 2018)

/ Disciplinary Proceedings, Government Employees, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Pension, Service Law

Supreme Court Disposes of Appeal in Disciplinary Proceedings Against E K Narayanan (2018) LEGAL ISSUE: Disciplinary proceedings and penalties imposed on a government employee. CASE TYPE: Service Law Case Name: E K Narayanan vs. Union of India & Ors. Judgment Date: 16 May 2018 Introduction Date of the Judgment: 16 May 2018 Citation: Not Available

Supreme Court Disposes of Appeal in Disciplinary Proceedings Against E K Narayanan (16 May 2018) Read Post »

Supreme Court Allows Fresh Voluntary Retirement Application After Disciplinary Proceedings: Dinesh Kumar Gupta vs. State Bank of India (20 March 2018)

/ Disciplinary Proceedings, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law, Service Rules, Voluntary Retirement

Supreme Court Allows Fresh Voluntary Retirement Application After Disciplinary Proceedings: Dinesh Kumar Gupta vs. State Bank of India (2018) LEGAL ISSUE: Whether an employee can apply for voluntary retirement after disciplinary proceedings have concluded. CASE TYPE: Service Law Case Name: Dinesh Kumar Gupta vs. General Manager 1, State Bank of India & Ors. Judgment Date:

Supreme Court Allows Fresh Voluntary Retirement Application After Disciplinary Proceedings: Dinesh Kumar Gupta vs. State Bank of India (20 March 2018) Read Post »

Supreme Court Limits Bar Council’s Review Power in Misconduct Case: Advanta India Ltd. vs. B.N. Shivanna (2018)

/ A.K. Sikri, Advocates Act, 1961, Advocates Act, 1961 with Section 35, Advocates Act, 1961 with Section 36B, Advocates Act, 1961 with Section 48AA, Ashok Bhushan, Disciplinary Proceedings, Judges, Professional Misconduct

Supreme Court Limits Bar Council’s Review Power in Misconduct Case: Advanta India Ltd. vs. B.N. Shivanna (2018) LEGAL ISSUE: Scope of review powers of the Disciplinary Committee of the Bar Council of India. CASE TYPE: Professional Misconduct of an Advocate Case Name: M/S. Advanta India Ltd. vs. B.N. Shivanna [Judgment Date]: 21 February 2018 Introduction

Supreme Court Limits Bar Council’s Review Power in Misconduct Case: Advanta India Ltd. vs. B.N. Shivanna (2018) Read Post »

Supreme Court Clarifies Procedure for Imposing Major Penalties in Bank Service Rules: State Bank of India vs. B.R. Saini (2017)

/ Constitutional Law, Constitutional Law with Article 311(2), Disciplinary Proceedings, Judges, L. Nageswara Rao, Principles of Natural Justice, Rule 68(3), State Bank of India Officers Service Rules, S.A. Bobde, Service Law, State Bank of India Officers Service Rules

LEGAL ISSUE: Whether a second show-cause notice is required before imposing a major penalty on a bank employee after the disciplinary authority has already provided the inquiry report and an opportunity to respond. CASE TYPE: Service Law Case Name: State Bank of India & Ors. vs. B.R. Saini Judgment Date: 15 December 2017 Date of

Supreme Court Clarifies Procedure for Imposing Major Penalties in Bank Service Rules: State Bank of India vs. B.R. Saini (2017) Read Post »

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017)

/ Arun Mishra, Disciplinary Proceedings, Judges, L. Nageswara Rao, Principles of Natural Justice, Principles of Natural Justice with Prejudice, Right to Fair Hearing, Service Law, Service Law with Dismissal

Can a disciplinary action be overturned simply because the inquiry report was given with the show cause notice instead of before? The Supreme Court of India recently tackled this question in a case involving a transport corporation driver. The core issue was whether the disciplinary proceedings were flawed due to the timing of the inquiry

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017) Read Post »

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017)

/ Code of Civil Procedure, 1908, Disciplinary Proceedings, Judges, Kurian Joseph, Order XXIII, Code of Civil Procedure, 1908, R. Banumathi, Supreme Court of India

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 947 Judges: Justice Kurian Joseph and Justice R. Banumathi Can parties settle a disciplinary matter pending before the Supreme Court? The Supreme Court of India addressed this question in a recent case involving a dispute between Bhushan Steel and the State of Uttar Pradesh. The

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017) Read Post »

Supreme Court Upholds Dismissal of LIC Employee in Fraud Case: Mihir Kumar Hazara Choudhury vs. Life Insurance Corpn. & Anr. (2017)

/ Abhay Manohar Sapre, Disciplinary Proceedings, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10, Judges, Life Insurance Corporation of India (Staff) Regulations, 1960, Misconduct, R.K. Agrawal, Service Law

LEGAL ISSUE: Whether the dismissal of an employee for issuing receipts without receiving payment is justified. CASE TYPE: Service Law/Disciplinary Proceedings Case Name: Mihir Kumar Hazara Choudhury vs. Life Insurance Corpn. & Anr. Judgment Date: 11 September 2017 Date of the Judgment: 11 September 2017 Citation: 2017 INSC 788 Judges: R.K. Agrawal, J., Abhay Manohar

Supreme Court Upholds Dismissal of LIC Employee in Fraud Case: Mihir Kumar Hazara Choudhury vs. Life Insurance Corpn. & Anr. (2017) Read Post »

Supreme Court Upholds Bombay High Court Decision in Chartered Accountant Misconduct Case (July 11, 2017)

/ Abhay Manohar Sapre, Chartered Accountant Misconduct, Chartered Accountants Act, 1949, Chartered Accountants Act, 1949 with Section 21, Chartered Accountants Act, 1949 with Section 22, Disciplinary Proceedings, Judges, Professional Misconduct, R.K. Agrawal, Review of Disciplinary Proceedings

The Supreme Court of India addressed the issue of professional misconduct by a chartered accountant. The case involved allegations of improper certification of raw material values. The Court examined whether the High Court of Judicature at Bombay correctly overturned the disciplinary actions against the respondent. This judgment clarifies the standards of professional conduct expected from

Supreme Court Upholds Bombay High Court Decision in Chartered Accountant Misconduct Case (July 11, 2017) Read Post »

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