Articles for Disciplinary Proceedings

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
1 day, 22 hours ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Disciplinary Proceedings Court Criminal Disciplinary Criminal Proceedings Accused High
'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court
2 days, 10 hours ago

'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court

Live Law  

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing the Petition of an Army Officer held that resignation during the pendency of inquiry or investigation could generally not be accepted regardless of whether the Petitioner was suspended or not. Following this, the Petitioner sent another Letter dated 27.04.2015 to inform the Respondents …

Disciplinary Proceedings Counsel Court Inquiry Resignation Order Upsc
Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Justice Kerala Disciplinary Proceedings High Court Board Constitution Court
Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC
1 week, 2 days ago

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court has held that an officer would be entitled to full pay and allowances if there were no reasons for keeping him under suspension till the conclusion of disciplinary proceedings. “What we say is that it is for the disciplinary authority to decide whether such an officer should be kept under suspension for any justifiable reasons till …

Disciplinary Proceedings Court Disciplinary Suspension Proceedings Officer Authority
High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Disciplinary Proceedings High Court Constitution Criminal Inquiry Disciplinary Tribunals
Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled
2 weeks, 4 days ago

Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled

Live Law  

The Patna High Court recently quashed the dismissal of an Assistant Engineer from the Water Resources Department, Bihar, who was accused of using false caste and domicile certificates. Singh stated, “In the light of the aforementioned culled out points, in the present case, as long as caste certificate is not cancelled or confiscated a false caste certificate by the Caste …

Disciplinary Proceedings Action Bihar Court Disciplinary Caste False
Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court
4 weeks ago

Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court

Live Law  

In relation to disciplinary proceedings involving alleged professional misconduct by a chartered accountant in a complaint filed against the latter 19 years ago, the Delhi High Court said that the degree of proof required is higher than the balance of probabilities, but not as high as the criminal standards of proof beyond reasonable doubt. The chartered accountant had argued that …

India Disciplinary Proceedings Court Misconduct Criminal Proceedings Council High
'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal
1 month ago

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. He had procured a residential certificate on 3rd September 2014 and a Scheduled Caste Certificate on 04th September 2014 in Bihar so that he could avail service benefits including monetary benefits. Findings of the Court: The Court observed that the certificates were not …

Disciplinary Proceedings Bihar Court Dismissal Caste Order Service
Recording Evidence Mandatory In Disciplinary Proceedings Proposing To Impose Major Penalties: Supreme Court
1 month ago

Recording Evidence Mandatory In Disciplinary Proceedings Proposing To Impose Major Penalties: Supreme Court

Live Law  

The Supreme Court directed the reinstatement of a government employee whose termination was based on an inquiry report imposing a major penalty without adequately proving the charges. Having tested the facts of the case at hand on the touchstone of the Rules of 1999, and the law as expounded by this Court in the cases of Roop Singh Negi and …

Disciplinary Proceedings Supreme Court Court Penalty Inquiry Disciplinary Recording
Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Kerala Disciplinary Proceedings Court Disciplinary Criminal Proceedings Tribunal State
Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Kerala Disciplinary Proceedings Court Disciplinary Criminal Proceedings Tribunal State
Met Police officers to face disciplinary proceedings over investigations into serial rapist David Carrick
2 months, 3 weeks ago

Met Police officers to face disciplinary proceedings over investigations into serial rapist David Carrick

The Independent  

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Disciplinary Proceedings Disciplinary Proceedings Officers Met Face Iopc
Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
4 months ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

Disciplinary Proceedings High Court Court Allegations Disciplinary Bar Judge
Kerala High Court Quashes Disciplinary Proceedings Against Fmr Kasargod College Principal, Cites Extraneous One-Sided Inquiry & Indiscipline Of SFI Students
6 months, 3 weeks ago

Kerala High Court Quashes Disciplinary Proceedings Against Fmr Kasargod College Principal, Cites Extraneous One-Sided Inquiry & Indiscipline Of SFI Students

Live Law  

The Kerala High Court quashed the disciplinary proceedings initiated against Dr. Rema, the former Principal in charge of Government College, Kasargod against whom proceedings were initiated for allegedly misbehaving with students belonging to SFI Union. A disciplinary inquiry was initiated against the petitioner alleging that she spoke about the immoral conduct of girls, drug use amongst students and illegal activities …

Disciplinary Proceedings Court Inquiry Disciplinary Rules Tribunal Proceedings
Madras High Court Monthly Digest - April 2024 [Citations 143 - 180]
7 months, 2 weeks ago

Madras High Court Monthly Digest - April 2024 [Citations 143 - 180]

Live Law  

Citations: 2024 LiveLaw 143 To 2024 LiveLaw 180 NOMINAL INDEX Sri K.Venkatesh v. The Principal Secretary to Government and Ors, 2024 LiveLaw 143 M/s Bagalkot Cement & Industries Ltd vs The Chairperson, Micro Small and Medium Enterprises and Anr., 2024 LiveLaw 144 S.Sujatha vs The Director Of Collegiate Education, 2024 LiveLaw 145 V Syril Sundaraj v The Presiding Officer and …

India Justice Tamil Nadu Disciplinary Proceedings High Court South India Constitution
Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
8 months, 3 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Disciplinary Proceedings Jurisdiction Writ Jurisdiction Evidence Court Disciplinary Punishment
Conferring 'Protected Workman' Status On Delinquent Workman Facing Disciplinary Action May Encourage Others To Indulge In Such Activities: Karnataka HC
10 months, 1 week ago

Conferring 'Protected Workman' Status On Delinquent Workman Facing Disciplinary Action May Encourage Others To Indulge In Such Activities: Karnataka HC

Live Law  

The Karnataka High Court has held that if it is proved in the disciplinary proceedings that a workman is guilty of the allegations or if a charge sheet is filed in a criminal case by the police in that event, the said workman cannot be accorded the status of “protected workman”. A single judge bench of Justice K S Hemalekha …

Karnataka Trade Disciplinary Proceedings Office Disciplinary Union Status
Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court
10 months, 3 weeks ago

Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court

Live Law  

The Allahabad High Court has held that unless it has been specifically vested with the jurisdiction under a statue, a disciplinary authority of the employer cannot initiate or continue pending disciplinary proceedings against an employee after his superannuation. The Supreme Court had held that no disciplinary proceedings could continue against the retired employee as there was no jurisdiction vested in …

Retirement Disciplinary Proceedings Supreme Court Court Disciplinary Order Held
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
S.204 IBC | Provision Of Twin Tier Control By IBBI And IPA By Itself Doesn't Give Rise To Presumption Of Double Jeopardy: Madras High Court
10 months, 4 weeks ago

S.204 IBC | Provision Of Twin Tier Control By IBBI And IPA By Itself Doesn't Give Rise To Presumption Of Double Jeopardy: Madras High Court

Live Law  

While dismissing a challenge made to Section 204 of the Insolvency and Bankruptcy Code which gives powers to the Insolvency Professional Agency to monitor the conduct of the Insolvency professional, the Madras High Court recently observed that merely because the provision gave powers to both the Insolvency Bankruptcy Board of India and the IPA, it would not become arbitrary or …

Disciplinary Proceedings Board Regulation Ipa Provision Sivakumar Double Jeopardy
Kerala High Court Digest 2023: Labour & Service Laws
11 months, 1 week ago

Kerala High Court Digest 2023: Labour & Service Laws

Live Law  

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court Case Title: Sadanandan K.S. Such control is exclusive in nature, comprehensive in extent and effective in operation.” Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court Case Title: …

Society Kerala Disciplinary Proceedings High Court Constitution National Security Natural Justice
Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
11 months, 3 weeks ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

India Justice Kerala Disciplinary Proceedings Supreme Court High Court Constitution
Delhi Health Minister Hits Out at Chief Secretary Over 'Leaking' of ATR in Burari Hospital Case
11 months, 3 weeks ago

Delhi Health Minister Hits Out at Chief Secretary Over 'Leaking' of ATR in Burari Hospital Case

News 18  

Delhi Health Minister Saurabh Bharadwaj has written to Lt Governor VK Saxena recommending the suspension of Chief Secretary Naresh Kumar and his staff for allegedly leaking the action taken report in the Burari Hospital’s sexual harassment case to the media on December 25. In the official communication to Saxena, Bharadwaj alleged that the chief secretary in his Monday note hid …

Disciplinary Proceedings Chief Secretary Minister Chief Saxena Kumar Staff
Supreme Court Monthly Round-Up [October 2023]
1 year, 1 month ago

Supreme Court Monthly Round-Up [October 2023]

Live Law  

Nominal Index Pankaj Bansal v. Union of India, Basant Bansal v. Union of India 2023 LiveLaw 844 Aditya Khaitan & Ors. GEETHA, D/O LATE KRISHNA v. NANJUNDASWAMY 2023 LiveLaw 940 Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw 942 Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw 944 Judgments/Orders Mere Non-Cooperation To ED Summons Not A Ground …

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