Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court
1 month ago

Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that a delinquent employee is the only person who can properly defend himself/herself in departmental proceedings initiated against him/her by the State, and following the death of such delinquent employee during the proceedings, the inquiry cannot continue and the proceedings are abated. The bench of Justice Anoop Kumar Dhand was hearing a petition against the charge sheet filed against an employee, as well as the consequential proceedings. “Once allegations are made against an employee who is no longer alive, there is no one who can effectively defend those allegations on his behalf…Unless the employee is given a proper opportunity to defend himself, no proceedings can continue to establish the allegations levelled against him. Therefore, the inquiry cannot continue after the death of the employee in question.” It was held that in light of the death of the employee, the proceedings arising out of the charge sheets issued against him came to an end automatically.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court
2 weeks ago

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

Live Law  

" This Court is of the considered opinion that a man in uniform must maintain greater discipline and the act of remaining unauthorizedly absent from duty is the gravest act of misconduct. The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave …

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
1 month ago

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside criminal proceedings against customs officers who alleged to have committed assault and grievous hurt to the complainant while interrogating him, for the absence of sanction required under Section 197, CrPC. Similarly, in another Apex Court case of State of Orissa v Ganesh Chandra Jew, it was held that, “If in doing his official …

State, Private Employers Must Endeavor To Conclude Departmental Action Against Delinquent Employee Within 6 Months: Rajasthan HC
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1 month, 1 week ago

State, Private Employers Must Endeavor To Conclude Departmental Action Against Delinquent Employee Within 6 Months: Rajasthan HC

Live Law  

Rajasthan High Court ruled that every employer, whether State or private, must make serious efforts to conclude departmental inquiry against their employees within a reasonable time period, preferably within 6 months as the outer limit, and if it was not possible due to unavoidable causes, within a reasonable extended period based on the cause and nature of inquiry. Opining it …

'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court
1 month, 1 week ago

'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

Live Law  

The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to …

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents
2 months, 3 weeks ago

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Live Law  

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited. Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
4 months, 1 week ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
4 months, 1 week ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court
1 year, 3 months ago

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

Live Law  

In an appeal filed under Section 30 of the Employees’ Compensation Act, the Delhi High Court has reiterated that the fact of an employee being murdered during the course of employment does not disentitle his legal heirs from seeking compensation under the Act. Vs. Munesh Devi.” The appeal was filed by the claimants, challenging Labor Commissioner’s order, whereby the claim …

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry
1 year, 4 months ago

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

Live Law  

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor. The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 8 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

Departmental Proceeding Against Employee Abates With His Death; No One Can Be Substituted In His Place: Patna High Court
2 years, 1 month ago

Departmental Proceeding Against Employee Abates With His Death; No One Can Be Substituted In His Place: Patna High Court

Live Law  

The Patna High Court has reiterated that departmental proceedings against a delinquent employee abates with his death and therefore, no one can be substituted in his place to represent him to put forward a defence. While allowing the writ petition claiming family pension, the Single Judge Bench of Justice Harish Kumar observed, “It is settled proposition of law that judicial …

Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court
2 years, 2 months ago

Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court

Live Law  

In the context of departmental proceedings, the Gujarat High Court has held that a delinquent employee is entitled to engage a counsel for his defence where the inquiry officer himself is a legal expert.Allowing the plea made by one such employee, Justice A.S. Supehia observed,"In the present case, since the Inquiry Officer himself is a City Civil Judge and expert …

No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC
2 years, 3 months ago

No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court recently quashed the departmental proceedings initiated against a retired police inspector from Haryana in 2021 for an alleged misconduct which took place between 1986-88. A single bench of Justice Deepak Sibal referred to Rules 12.2 and 12 of the Haryana Civil Services Rules, 2016 and said, "After an employee has retired, there is complete …

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court
2 years, 6 months ago

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has ruled that legal heirs of a complainant, where a criminal case is instituted upon complaint, can substitute him upon his death and pursue the case on his/her behalf. A Single Judge Bench of Justice Sashikanta Mishra held, "…notwithstanding absence of a specific provision, the statutory intent of the provisions of the …

Rajasthan lawyer, 47, dies by suicide; family accuses police of harassment
2 years, 6 months ago

Rajasthan lawyer, 47, dies by suicide; family accuses police of harassment

Hindustan Times  

JAIPUR: A 47-year-old lawyer in Rajasthan’s Sri Ganganagar district died by suicide on Monday, prompting his family and the district’s lawyers to blame local police officers for the death. Sri Ganganagar superintendent of police Anand Sharma said the administration was in talks with the family to persuade them to conduct the last rites. Asked about the allegations against the policemen, …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 7 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court
2 years, 8 months ago

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling money, cannot be reinstated during the pendency of the enquiry and thereby refused to recall the order of suspension.A Division Bench of Justice P.B. The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 10 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 5 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is …

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