Articles for Disciplinary Authority

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court
5 months, 3 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 …

Evidence Court Natural Justice Inquiry Disciplinary Order High
12 Yrs Delay In Issuing Charge Memo, Disciplinary Authority More Focussed On Finding Of Guilt: AP High Court Grants Relief To Staff Nurse
10 months, 4 weeks ago

12 Yrs Delay In Issuing Charge Memo, Disciplinary Authority More Focussed On Finding Of Guilt: AP High Court Grants Relief To Staff Nurse

Live Law  

The Andhra Pradesh High Court has set aside disciplinary proceedings stretched over a period of 12 years against a staff nurse holding that none of the rules laid down under the AP Civil Services Rule 1991 were followed, and it seemed like the disciplinary authority had been more anxious to hold the accused guilty of the charges contrary to the …

Disciplinary Proceedings Documents Charge Order Proceedings Bench Petitioner
CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court
1 year, 4 months ago

CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court

Live Law  

Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court has quashed the dismissal order of a paramilitary personnel.“The heavy and onerous responsibility lies with the Disciplinary Authority to ensure that the punishment proportionate to. Emphasising the vital role of the …

Court Dismissal Disciplinary Punishment Misconduct Order Respondent
Complete Supreme Court Yearly Digest Part-11
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-11

Live Law  

Service Law Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the …

India Rajasthan Bengaluru Karnataka Justice Delhi Supreme Court
Supreme Court Annual Digest 2022- Service Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Service Law

Live Law  

Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond …

India Rajasthan Bengaluru Karnataka Justice Delhi Supreme Court
Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
1 year, 11 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

Disciplinary Proceedings Supreme Court Court Disciplinary Punishment Judicial Review Misconduct
Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws
2 years, 3 months ago

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Live Law  

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were …

India Karnataka Tamil Nadu Delhi Supreme Court High Court Writ Petition
"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 3 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Delhi Trial Court Trial Court Order Suspension Sho
"Nation Is Still Bleeding": Delhi HC Asks Disciplinary Authority To Pass Punishment Order Against Cop Charged With Misconduct During 1984 Anti Sikh Riots
2 years, 3 months ago

"Nation Is Still Bleeding": Delhi HC Asks Disciplinary Authority To Pass Punishment Order Against Cop Charged With Misconduct During 1984 Anti Sikh Riots

Live Law  

Observing that charges against a policeman posted as SHO at Kingsway Camp police station, charged with misconduct during the 1984 anti Sikh riots, were serious in nature, the Delhi High Court on Monday said that the competent disciplinary authority shall be free to pass an order of punishment against the cop Durga Prasad. He then approached the Central Administrative Tribunal …

High Court Court Disciplinary Order Pass Durga Note
Disciplinary Authority Cannot Rely On Documents Furnished In Parallel Criminal Proceedings Against Accused-Employee: Patna High Court
2 years, 4 months ago

Disciplinary Authority Cannot Rely On Documents Furnished In Parallel Criminal Proceedings Against Accused-Employee: Patna High Court

Live Law  

The Patna High Court has made it clear that a disciplinary authority cannot rely on extraneous documents, such as those furnished during parallel criminal proceedings against the accused-employee, for the purpose of departmental enquiry. The Petitioner requested the disciplinary authority to defer the departmental enquiry till criminal case is concluded. It observed, "Any parallel proceedings launched by an employer neither …

Disciplinary Proceedings Court Disciplinary Criminal Proceedings Pat Authority Petitioner
Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court
2 years, 5 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 …

Court Disciplinary Bank Officer Findings Authority Petitioner
Fixing Time Period For Completing Disciplinary Proceedings Causing More Complications, Says Supreme Court
2 years, 5 months ago

Fixing Time Period For Completing Disciplinary Proceedings Causing More Complications, Says Supreme Court

Live Law  

Very many times, fixing of time period for completing disciplinary proceedings causes more complications and harm rather than serving the cause of justice, the Supreme Court observed in a judgment recently.The bench comprising Justices Dinesh Maheshwari and Krishna Murari observed that fixing of such period could only be justified if there are strong and compelling reasons for the same.If at. …

Disciplinary Proceedings Supreme Court Court Disciplinary Order Tribunal Proceedings
Lokayukta Can Only 'Recommend' To Disciplinary Authority To Take Action Against Erring Officer, No Statutory Power To Issue Direction: Jharkhand HC
2 years, 10 months ago

Lokayukta Can Only 'Recommend' To Disciplinary Authority To Take Action Against Erring Officer, No Statutory Power To Issue Direction: Jharkhand HC

Live Law  

The Jharkhand High Court has held that Section 12 of the Jharkhand Lokayukta Act, 2001 does not confer power upon the Lokayukta to pass a direction commanding upon the disciplinary authority to take action against a person, against whom irregularities are found to be true in the course of inquiry. The development arose in a writ petition that was filed …

Action Court Power Jharkhand Lokayukta Order Act
Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
2 years, 10 months ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

Court Disciplinary Bank Judicial Review Service High Removal