Disciplinary Proceedings

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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 »

Voluntary Retirement Scheme: Supreme Court Upholds Bank’s Right to Discipline Employees Post Application (08 February 2016)

Can a bank initiate disciplinary proceedings against an employee who has applied for voluntary retirement but whose application is still pending? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between voluntary retirement schemes and disciplinary actions. This judgment clarifies that banks can take disciplinary action against employees even

Voluntary Retirement Scheme: Supreme Court Upholds Bank’s Right to Discipline Employees Post Application (08 February 2016) Read Post »

Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013)

Date of the Judgment: 4 July 2013 Citation: (2013) INSC 451 Judges: Dr. B.S. Chauhan and S.A. Bobde, JJ. Can a disciplinary authority impose punishment by disagreeing with the findings of the Enquiry Officer without giving the delinquent employee a chance to respond? The Supreme Court of India addressed this critical question in a service

Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013) Read Post »

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