Tag: Article 311

Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases
Supreme Court

Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases

The Supreme Court held that judicial review in disciplinary matters is limited to examining the inquiry process, not the merits. Once a fair inquiry with due opportunity is conducted, and misconduct is established, interference with the imposed penalty is unwarranted. The Court reinstated the penalty of removal from service. Facts Of The Case: The respondent, Indraj, was appointed as a Gramin Dak Sevak/Branch Post Master in 1998. During an annual inspection on June 16, 2011, irregularities were discovered involving the misappropriation of public funds. It was found that he had received installment amounts from depositors for Recurring Deposit accounts and a life insurance premium, duly stamped their passbooks, but failed to make the corresponding entries in the official post office...
Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge
Supreme Court

Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge

The Supreme Court overturned the discharge of a judicial probationer, holding that termination based on alleged misconduct (like simultaneous degrees or non-disclosure of past employment after resignation) without a proper inquiry and opportunity to be heard is stigmatic and punitive, violating principles of natural justice and Article 311 of the Constitution. The Court emphasized that minor omissions after resignation are not grounds for discharge, especially when the probationer completed training successfully Facts Of The Case: Pinky Meena, holding multiple degrees including LL.B. and LL.M., was a Grade-II Teacher in the Rajasthan Education Department from 2014. She applied for the Civil Judge and Judicial Magistrate post following an advertisement on November 18, 2017. After selectio...