Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court
2 years, 8 months ago

Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court

Live Law  

The Telangana High Court recently dismissed a Writ petition filed by a delinquent employee arguing that once the Enquiry Officer had found no materia against him, the Disciplinary Authority cannot differ with the finding of the Enquiry authority. However, without taking into consideration the withdrawal of complaint, given by said account holder, the 2nd respondent vide his letter, placed petitioner herein under suspension pending further investigation and disciplinary action. The petitioner argued that in a case where the Disciplinary Authority appointed an Enquiry Officer to enquire into the matter, he could not vary the findings of the Enquiry Officer if the Enquiry Officer finds the charges framed against delinquent employee are not established. With regard to the punishment, the High Court will interfere only if facts disclosed before the Court would warrant application of Wednesbury Rule of arbitrariness and unreasonableness and when the Court finds that the punishment imposed by the disciplinary authority is shockingly disproportionate to the gravity of misconduct established against the delinquent employee.

Court Disciplinary Bank Officer Findings Authority Petitioner Disciplinary Authority 2Nd Respondent Delinquent Employee Respondent Enquiry  officer  delinquent  telangana  recorded  enquiring  differ  authority  high  respondent  enquiry  court  petitioner  bank  disciplinary  complaint  findings  employee

History of this topic

Telangana Legal Briefs | Contempt notice to Revenue Secretary Arvind Kumar
5 days, 20 hours ago

Telangana Legal Briefs | Contempt notice to Revenue Secretary Arvind Kumar

Deccan Chronicle  

HYDERABAD: Justice K. Lakshman of the Telangana High Court ordered notice to Principal Secretary of the revenue department Arvind Kumar and other officials in a contempt case related to payment of ex gratia compensation. Writ against civil court judge junked The Telangana High Court has dismissed a writ petition filed against a judicial officer accused of corruption in connection with …

Unlawful detention: Telangana High Court issues show-cause notice to magistrate
1 week, 3 days ago

Unlawful detention: Telangana High Court issues show-cause notice to magistrate

New Indian Express  

HYDERABAD: Taking a serious view of a Magistrate’s court in Peddapalli authorising the detention of an accused without recording the reasons, the Telangana High Court on Tuesday issued show cause notices to the junior civil judge and judicial first-class magistrate, asking him to explain why action should not be taken for the alleged improper exercise of judicial functions. Justice B …

Ought To Have Ensured Timely Filing Of Petition: Telangana HC Declines To Condone Over 5-Yr Delay By Judicial Officer In Challenging Dismissal
1 month, 1 week ago

Ought To Have Ensured Timely Filing Of Petition: Telangana HC Declines To Condone Over 5-Yr Delay By Judicial Officer In Challenging Dismissal

Live Law  

The Telangana High Court has dismissed a writ petition filed by a judicial officer challenging her dismissal order that was issued in 2019. The petitioner had approached the court contending that although her dismissal order was passed in 2019, she could not approach the court at an earlier date due to her non-cooperative counsel. The division bench of Justice P …

Telangana HC upholds worker’s dismissal for misconduct
1 month, 2 weeks ago

Telangana HC upholds worker’s dismissal for misconduct

Deccan Chronicle  

Hyderabad: The Telangana High Court has made it clear that misconduct and disobedience of a workman with the management or managing officials of a company or firm amounted to indiscipline and such a workman could not be safeguarded from removal of service on technical grounds by labour forums and courts. The court also stated that if a workman was not …

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation
1 month, 3 weeks ago

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

Live Law  

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service. The governing principles in disciplinary actions aim to strike a balance between two key objectives: affording the employees a fair opportunity to defend their innocence and ensuring that justice is served to the employer as …

Telangana High Court Annual Digest 2024 [PART I]
2 months, 3 weeks ago

Telangana High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 111 498A IPC | Magistrate Can't Take Cognizance Merely On Superintendent's Note If Accused Given Clean Chit In Chargesheet: Telangana HC Gangadhara Manoj and 3 others vs. State of TS Citation: 2024 LiveLaw 01 The Telangana High Court has held that a Magistrate cannot take cognizance against those accused, against whom a chargesheet …

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226
3 months ago

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226

Live Law  

Directing the Indian Oil Corporation Ltd to vacate the premises of certain persons for continuing to occupy it despite expiry of the lease, the Telangana High Court pulled up the public sector undertaking for "quietly continuing to squat on the petitioners' land" without having any right is an overt act requiring the court's interference under Article 226. In doing so …

Telangana High Court Upholds Removal Of Law Officers After Change In Govt, Says Appointment Subject To Pleasure Of Govt
3 months, 2 weeks ago

Telangana High Court Upholds Removal Of Law Officers After Change In Govt, Says Appointment Subject To Pleasure Of Govt

Live Law  

While upholding an order of the single judge on removal of certain government appointed advocates, the Telangana High Court said that there was no employer-employee relation between the State and the law officers. The appellants contended that a change of Government–change of political party which may come into power in the general elections–does not change the character of the continuing …

Legal Briefs | Telangana HC admits plea to quash ICAI’s disciplinary proceedings
3 months, 2 weeks ago

Legal Briefs | Telangana HC admits plea to quash ICAI’s disciplinary proceedings

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court admitted a writ appeal filed by Institute of Chartered Accountants of India and others challenging quashing of a prima facie opinion of ICAI’s disciplinary directorate against a chartered accountant alleged of misconduct being financial advisor of Y.S. Earlier, a writ plea was filed by V. Vijay Sai Reddy, challenging a prima …

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court
4 months, 1 week ago

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court

Live Law  

While hearing a service law matter, the Jharkhand High Court has reiterated that departmental proceedings must adhere to established rules and some sort of evidence is required to be proved against the delinquent. Pathak presiding over the case, underscored, "It is true that in a matter of departmental proceeding under the service law, the interference by a Writ Court under …

Contempt Case: Judge Holds Commissioner Accountable for Violating Court Orders
5 months ago

Contempt Case: Judge Holds Commissioner Accountable for Violating Court Orders

Deccan Chronicle  

Officers who disregard court orders will face punishment, including fines and imprisonment, according to the Telangana High Court. Justice C.V. Bhaskar Reddy made this clear in a contempt case filed by A. Murali Mukund, ex-secretary of the Jubilee Hills Co-operative House Building Society against M. Haritha, commissioner of co-operation and registrar of the co-operative societies. The judge stated that she …

RDOs can’t reverse records: Telangana HC
7 months ago

RDOs can’t reverse records: Telangana HC

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court ruled that revenue divisional officers have no suo motu power to call for and examine the record of any recording authority and to modify, annul or reverse the same. It was the case of the petitioners in the PIL that the names of unofficial respondents were mutated in the revenue records …

Telangana HC overturns lower court decision on complaint against revenue officials
7 months, 3 weeks ago

Telangana HC overturns lower court decision on complaint against revenue officials

New Indian Express  

HYDERABAD: Justice N Tukaramji of the Telangana High Court has set aside the decision by a lower court rejecting a complaint against revenue officials due to lack of a sanction order. The petitioner, Chappidi Krishna Reddy, had lodged a complaint under Section 200 of the CrPC with the II-Additional Metropolitan Magistrate, Malkajgiri, accusing revenue officials of colluding to manipulate land …

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court
8 months, 2 weeks ago

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court

Live Law  

The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence. After this order, a new enquiry was conducted by the Inquiry Officer based on which the Disciplinary Authority passed the same order of …

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings
11 months, 1 week ago

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

Live Law  

The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal trooper citing perversity in the enquiry findings. Medical records submitted by Kumar indicated he was subsequently transferred to Government Medical College Hospital, Jammu and Chest Diseases Hospital, Jammu for treatment, finally rejoining duty on 12th March 2003. An enquiry was conducted, and …

Telangana HC Criticises Petbasheerabad Police
1 year, 1 month ago

Telangana HC Criticises Petbasheerabad Police

Deccan Chronicle  

A two-judge bench of the Telangana High Court on Thursday rejected a writ petition filed by the Centre and required it to reinstate an employee of the postal department. The bench comprising Justice Abhinand Kumar Shavili and Justice Namawarapu Rajeshwar Rao heard a writ petition filed by the Union government and the Chief Post Master General, AP Circle, questioning an …

Keep off civil disputes, HC tells police inspector again
1 year, 2 months ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle  

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

Registry cannot decide maintainability of writ: Telangana HC
1 year, 6 months ago

Registry cannot decide maintainability of writ: Telangana HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court on Thursday overruled objections of the registry on the maintainability of a writ plea. The judge was hearing an interim application in a writ petition filed by Rayudu Vision Media seeking to permit the petitioner to use the RTV logo or the alternative RXM TV logo with immediate effect. The petitioner …

Telangana High Court quashes TSHRC orders
1 year, 7 months ago

Telangana High Court quashes TSHRC orders

Deccan Chronicle  

HYDERABAD: The TS Human Rights Commission yet again came up for critical judicial scrutiny. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar have in the last fortnight allowed multiple writ petitions complaining that the commission had been passing orders on various aspects of life without jurisdiction. The bench set aside yet another SHRC order directing a …

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 8 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

Telangana HC orders action to ensure smooth hatchery ops
1 year, 9 months ago

Telangana HC orders action to ensure smooth hatchery ops

Deccan Chronicle  

Hyderabad: Justice K. Laxman of the Telangana High Court on Monday admitted a writ petition against residents of Sonapur Thanda of Nirmal district, filed by Dharani Breeders Private Limited, who alleged local interference causing hurdles to their poultry business, now with over 300 chicks, and questioning the failure of authorities in ensuring conducive atmosphere for business. HC questions state depts …

All encroachment complaints cannot be writ pleas: HC
2 years ago

All encroachment complaints cannot be writ pleas: HC

Deccan Chronicle  

Hyderabad: A bench of the Telangana High Court of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji made it clear that every complaint on encroachment of government land cannot lead to filing a writ plea. HC sets aside single judge order on police protection The Telangana High Court set aside an order of a single judge extending police protection in …

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court
2 years ago

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

Live Law  

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings. The bench was hearing a criminal revision case filed by the petitioner-husband challenging the order of the Family Court which enhanced the maintenance amount on a petition filed filed …

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates
2 years, 3 months ago

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that an enquiry officer cannot return a finding on the allegation which is not part of the chargesheet. A bench comprising Justice Sanjeev Kumar observed, "The mandate of the enquiry officer holding disciplinary enquiry is to conduct enquiry into the charges framed against the delinquent and restrict his finding to …

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court
2 years, 6 months ago

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. Furthermore, Justice Ravi Nath Tilhari observed that the charges framed against the petitioner in the departmental proceedings were different from the charges in criminal proceedings …

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct
2 years, 8 months ago

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

Live Law  

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Disagreeing with the reasoning of the Disciplinary Authority regarding the adjournments granted by the Petitioner/Former lower court Judge, the division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed- Whether the …

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court
2 years, 8 months ago

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

Live Law  

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice …

Issue Of Improper Investigation By Police Cannot Be Decided Under Writ Jurisdiction Of High Court, Private Complaint To Be Filed: Telangana High Court
2 years, 10 months ago

Issue Of Improper Investigation By Police Cannot Be Decided Under Writ Jurisdiction Of High Court, Private Complaint To Be Filed: Telangana High Court

Live Law  

The Telangana High Court recently ruled that inaction by the police in day to day activities cannot be decided in Writ Petition and a private complaint has to be filed. Justice Lalitha Kanneganti observed: "Day in and day out, several writ petitions are being filed stating that the police are not conducting proper investigation and not filing the charge sheet …

Assurance By Chief Minister, Ruling Party Or Even By The Governor Doesn't Become Law Of The Land: Telangana High Court
3 years, 4 months ago

Assurance By Chief Minister, Ruling Party Or Even By The Governor Doesn't Become Law Of The Land: Telangana High Court

Live Law  

The Telangana High Court has recently observed that the assurance given by some Ruling Party or by the Chief Minister or even by His Excellency the Governor does not become the law of the land.The assertion came from the bench of Chief Justice Satish Chandra Sharma and Justice A.Rajasheker Reddy while dismissing a clutch of petitions seeking retrospective implementation of …

Telangana High Court chides HCA for playing fraud to abuse process of court
3 years, 11 months ago

Telangana High Court chides HCA for playing fraud to abuse process of court

Deccan Chronicle  

Hyderabad: While upholding the appointment of Justice Deepak Verma, retired Supreme Court Judge, as the ethics officer cum ombudsman to the Hyderabad Cricket Association, the Telangana High Court severely faulted the secretary HCA, R. Vijayanand, for “playing fraud to abuse the process of the court”. The Budding Star Cricket Club, affiliated to the HCA, had moved the civil court contending …

Wilful Disobedience: Telangana High Court Holds District Collector Guilty Of Contempt; Sentences To Three Months
4 years ago

Wilful Disobedience: Telangana High Court Holds District Collector Guilty Of Contempt; Sentences To Three Months

Live Law  

The Telangana High Court recently held a District Collector and two others guilty of contempt of court for wilful disobedience of its order restraining dispossession of certain farmers from their agricultural lands for the purpose of building a reservoir. In its order, the Single Bench also rejected a contention raised by the District Collector that he was not holding office …

Suspension Not Punishment, Merely Abeyance Of Employer-Employee Relationship: Telangana HC Says "Employer Can't Be Saddled With Employee Facing Criminal Trial"
4 years, 6 months ago

Suspension Not Punishment, Merely Abeyance Of Employer-Employee Relationship: Telangana HC Says "Employer Can't Be Saddled With Employee Facing Criminal Trial"

Live Law  

Noting that " suspension is not a punishment" and that it is "merely suspending the relationship between the employer and an employee", the Telangana High Court on Wednesday reiterated that under civil service rules, an employee can be suspended either if a Criminal case is pending, or a Departmental Enquiry is contemplated. "Since the petitioner is facing both the Criminal …

Set up security panel by December 27: High Court to Telangana govt
5 years, 3 months ago

Set up security panel by December 27: High Court to Telangana govt

Deccan Chronicle  

Hyderabad: Censuring the ‘turning a deaf ear’ attitude of the state government in setting up institutions and appointing various constitutional posts, the Telangana High Court on Wednesday directed the government to constitute the state security commission at the state level and the police complaints authority at the district level in the Telangana state by December 27, 2019. Dealing with the …

Telangana high court pulls up cops for abusing power
5 years, 9 months ago

Telangana high court pulls up cops for abusing power

Deccan Chronicle  

Hyderabad: Taking serious note of police interference in civil matters and matrimonial disputes, the Telangana High Court has sought an explanation from the Telangana police on the petitions filed against them for abusing their powers in an unconstitutional and arbitrary manner. A vacation bench led by Acting Chief Justice Raghavendra Singh Chauhan issued notice to the police officers concerned while …

Telangana High Court nod for cases against 2 IAS officers
5 years, 11 months ago

Telangana High Court nod for cases against 2 IAS officers

Deccan Chronicle  

Hyderabad: The Telangana High Court clarified its directions to the CBI court that cases lodged by the Enforcement Department against IAS officers and other public servants other than those of senior IAS officers Adityanath Das Gupta and BP Acharya in YS Jagan’s disproportionate assets case, continue. The High Court made this clarification on the doubt expressed by the judge for …

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