The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of service rules governing relationship of employment. Unlike a criminal prosecution, where charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to […]
Read more "Disciplinary Proceedings VI"7-Judge Bench of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831 has held: “The authority may, in some cases, be of view, conduct of probationer may result in dismissal or removal on an inquiry. But in those cases, authority may not hold an inquiry and may simply discharge probationer with […]
Read more "The Revival of Ray LXXXII"When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]
Read more "The Writ of Quo Warranto II"My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]
Read more "Subordinate Officer"The issue is covered by Union of India v. V.R. Tripathi, (2019) 14 SCC 646. Court held, scheme and rules of compassionate appointment cannot violate mandate of Article 14; once Section 16 of Hindu Marriage Act regards a child, born from a marriage entered into while earlier marriage is subsisting, to be legitimate, it would […]
Read more "Compassionate Appointment V"By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]
Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Three-Judge Bench in Posts and Telegraphs Board v. C.S.N. Murthy, (1992) 2 SCC 317, after Baikuntha Nath v. Chief District Medical Officer, Baripada, (1992) 2 SCC 299, held, Courts would not interfere with exercise of power of compulsory retirement if arrived bona fide-ly and on basis of material available on record. Three-Judge Bench in Union […]
Read more "Compulsory Retirement II"Learned Counsel, Kunal Chatterji relied on Sher Bahadur v. Union of India, (2002) 7 SCC 141 and Narinder Mohan Arya v. United India Insurance Co. Ltd., (2006) 4 SCC 713 to urge, High Court could interfere with findings of an enquiry which were not based on any evidence. Union of India v. H.C. Goel, (1964) […]
Read more "Disciplinary Proceedings V"Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]
Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 have statutory effect by virtue of Section 97(3) of The Employees’ State Insurance Act, 1948. It is settled law, regulations framed by statutory authorities have force of enacted law. Constitution […]
Read more "The Revival of Ray LXXVIII"The main departure of The Companies Act, 2013 from statutory regime of The Companies Act, 1956 is specific inclusion of fraud ‘directly’ as a circumstance in which a Company could be wound up [See, Section 271 of 2013 Act, as it now stands after 2016]. Section 271(c) of The Companies Act, 2013 covers three circumstances […]
Read more "Fraud II"As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]
Read more "Act of God"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]
Read more "Compassionate Appointment IV"As per settled proposition of law, mere mentioning and using of word ‘fraud’/’fraudulent’ is not sufficient to satisfy test of ‘fraud’. Hon’ble Justice Vivian Bose, Bishundeo Narain v. Seogeni Rai, (1951) SCR 548: “Now if there is one rule which is better established than any other, it is – in cases of fraud, undue influence and […]
Read more "Fraud I"Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service, [1985] AC 374; Lord Greene in Associated Provincial Picture Houses Ltd. v. Wednesbury Corp., [1947] 2 All ER 680. An administrative action is subject to judicial review on grounds of illegality, irrationality and procedural impropriety. _____ When a person takes a chance […]
Read more "Risky Participation / The Revival of Ray LXXV"An interpreter, to deviate from defined meaning, should record reasons to show word/expression in a particular provision carries a different meaning; contrary context is not to be assumed or accepted easily, in absence of indication and reason to differ from defined meaning. Repugnancy is not indicated and does not arise in context of clause 22(ix)(a) […]
Read more "Repugnancy II"Girdhari Lal Gupta v. D.H. Mehta, (1971) 3 SCC 189; State of Karnataka v. Pratap Chand, (1981) 2 SCC 335; Municipal Corporation of Delhi v. Ram Kishan Rohtagi, (1983) 1 SCC 1; Municipal Corporation of Delhi v. Purshotam Dass Jhunjunwala, (1983) 1 SCC 9; National Small Industries Corporation Limited v. Harmeet Singh Paintal, (2010) 3 […]
Read more "Vicarious Liability"The word ‘laches’ is derived from French, meaning “remissness and slackness”. A defence of laches can only be allowed when there is no statutory bar. The question as to whether there exists a clear case of laches is one of fact and so also of prejudice. The said principle may not have any application when […]
Read more "The Doctrine of Fairness"
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