The Revival of Ray XXXV

“Erusian Equipments and Chemicals Ltd. v. State of West Bengal, 1975 (1) SCC 70 and Raghunath Thakur v. State of Bihar, 1989 (1) SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P.,(2001) 8 SCC 604 and B.S.N. Joshi […]

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Prospective Resignation

“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled that normally, until the resignation becomes effective, it is open to an employee to withdraw his […]

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Disciplinary Proceedings

“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged that, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, […]

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Moral Turpitude II

“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon the facts and the circumstances of the case. Ordinarily, the tests that can be applied for judging an offence involving moral turpitude are: a) […]

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Back Wages II

“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend that in case the criminal proceedings are initiated at the behest of the employer, and the employee is acquitted, he would be entitled to claim full wages for the period he was kept out of […]

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