Tag: disciplinary proceedings

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders

The Supreme Court held that once an interim court order is in operation, it remains binding unless specifically vacated. Merely releasing a reserved matter does not invalidate or nullify an existing interim order. Violating such an order without obtaining prior leave from the court constitutes a prima facie case for contempt proceedings. Facts Of The Case: The appellant, a professor at KGMU, was appointed as the Nodal Officer for implementing a software system in 2010. In 2017, audit objections arose regarding expenditures during his tenure, leading to a disciplinary inquiry. The professor challenged the preliminary inquiry and a subsequent notice via his first writ petition in 2018. While this petition was reserved for judgment, the disciplinary committee sent him a questionnaire, which...
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Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council

The Supreme Court ruled that a disciplinary complaint under the Advocates Act cannot be maintained by a litigant against the opposing party's advocate, absent a jural relationship. It further held that a State Bar Council's referral order must record reasoned satisfaction of a prima facie case of misconduct, and a cryptic order is legally unsustainable. Facts Of The Case: The case originated from a complaint filed by Khimji Devji Parmar with the Bar Council of Maharashtra and Goa (BCMG) against advocate Rajiv Nareshchandra Narula. Parmar alleged that his late father was a partner in a firm, M/s. Volga Enterprises, which had rights over a disputed property. A suit concerning this land was pending before the High Court, involving the original owner, Nusli Randelia, and a claimant, M/s. Uni...
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Landmark Ruling: Supreme Court Clarifies Scope of Judicial Review in Employee Disciplinary Matters
27Oct By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Clarifies Scope of Judicial Review in Employee Disciplinary Matters

This Supreme Court judgment reiterates the limited scope of judicial review in disciplinary proceedings. Courts cannot act as appellate authorities to re-appreciate evidence. The standard of proof is preponderance of probability, not strict evidence rules. Interference is only permissible if the finding is perverse, based on no evidence, or violates natural justice. The Tribunal exceeded its jurisdiction under Section 11-A of the Industrial Disputes Act by doing so. Facts Of The Case: The respondent, Ganganarasimhaiah, was a Sub-Staff employee at Canara Bank's V.G. Doddi branch. An investigation revealed serious irregularities, including unauthorized loans and tampering with bank records. Specifically, it was alleged that he facilitated loans for his wife and father without the man...
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Supreme Court Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence

The Supreme Court declined to interfere with the penalty imposed by the disciplinary authority, upholding the High Court's decision. The Court affirmed that misconduct, proven on the preponderance of probabilities and bringing disrepute to a disciplined force, warrants a commensurate penalty. It found no grounds for intervention under Article 136 of the Constitution. Facts Of The Case: The appellant, Constable Amar Singh, was serving with the Central Industrial Security Force (CISF) at the Mallaram Camp. On August 27, 1995, he was granted a two-hour out-pass to visit a hospital. Instead of doing so, he went to a residential colony located approximately 12 kilometres from the camp to enquire about quarters allotted to another constable. His presence and actions there agitated the local ci...
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Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
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Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice

The Supreme Court ruled that violating mandatory procedural safeguards in disciplinary inquiries, like failing to question an employee on adverse evidence, inherently constitutes prejudice. Relying on undisclosed material, such as a vigilance report, to enhance punishment also violates natural justice. No independent proof of prejudice is required for such fundamental breaches. Facts Of The Case: The appellant, K. Prabhakar Hegde, was a senior officer and Zonal Head of Vijaya Bank (which later merged with Bank of Baroda). In 1999, he was served with notices alleging irregularities in sanctioning temporary overdrafts to various parties. Formal disciplinary proceedings were initiated against him in 2001. An inquiry officer was appointed, who submitted a report holding the charges proved. N...
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Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets
22Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets

The Supreme Court held that under Rule 13(2) of the CCS (CCA) Rules, 1965, a disciplinary authority competent to impose only minor penalties is fully empowered to institute proceedings and issue a charge-sheet for imposing major penalties. The final order, however, must be passed by the authority competent to impose a major penalty. Facts Of The Case: The respondent, R. Shankarappa, was a Sub Divisional Engineer in the Department of Telecommunications who retired in 2018. In 2003, he was prosecuted by the CBI in two cases: one for demanding and accepting a bribe, and another for possessing assets disproportionate to his known sources of income. He was convicted in both cases, but the High Court later stayed the conviction and sentence, with the criminal appeals remaining pending. Paralle...
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Supreme Court Protects Bank Officer’s Pension Rights: Mandates Board Consultation for Deductions
11Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Bank Officer’s Pension Rights: Mandates Board Consultation for Deductions

The Supreme Court held that under Regulation 33 of the Central Bank of India (Employees’) Pension Regulations, 1995, prior consultation with the Board of Directors is mandatory before reducing the pension of a compulsorily retired employee below the full admissible amount. The Court emphasized that pension is a constitutional right under Article 300A and cannot be curtailed without strict adherence to procedural safeguards. The word "may" in Regulation 33(1) does not grant discretion to reduce pension below two-thirds of the full amount but clarifies eligibility. The judgment clarified that clauses (1) and (2) of Regulation 33 must be read harmoniously, and any reduction in pension requires prior Board consultation, rendering post-facto approval insufficient. The High Court's interpretatio...
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Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...
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Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal

The Supreme Court ruled that Regulation 19 of the Union Bank of India Officers’ (Discipline & Appeal) Regulations, 1976 mandates mandatory consultation with the Central Vigilance Commission (CVC) before issuing a charge sheet in disciplinary cases involving a vigilance angle. The Bank’s failure to await the CVC’s first-stage advice rendered the proceedings arbitrary and illegal, warranting quashing of the charge sheet. The Court clarified that once the Bank acknowledges a vigilance angle and seeks CVC input, it cannot unilaterally proceed without considering the advice, upholding procedural fairness in disciplinary actions. No back wages were granted, but retiral benefits were ordered to be released. Facts Of The Case: The appellant, A.M. Kulshrestha, a Deputy General Manager at Unio...
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