Departmental enquiry Archives

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs Supreme Court

Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry

Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.

Case Briefs High Courts

Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise

The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.

Know thy Judge

Know Thy Judge | Justice Chudalayil Thevan Ravikumar

Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.

Case Briefs High Courts

Absence from duty without leave under CRPF is a gravest misconduct; Manipur High Court upheld order of Disciplinary Authority of dismissal from service

Manipur High Court: In a writ petition filed to quash the dismissal order dated 18.1.2005 on the ground that it

Case Briefs High Courts

Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed

Jharkhand High Court: Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the

Case Briefs Supreme Court

Life cannot be breathed into the stillborn charge memorandum; SC holds where prior approval is the rule the defect cannot be cured by post-facto approval

“What is non-existent in the eye of the law cannot be revived retrospectively.”

Case Briefs High Courts

Jhar HC | Non-supply of documents cannot vitiate the enquiry in absence of showing how the alleged non-supply caused prejudice to workman

Jharkhand High Court: Shree Chandrashekhar, J. held that a charged employee has no unfettered right to ask for any document on which

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Pat HC | Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence

Patna High Court: Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in

Case Briefs Supreme Court

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Case Briefs Supreme Court

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply

Case Briefs High Courts

Bom HC | Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry

Bombay High Court: The Division Bench of R.D. Dhanuka and R.I. Chagla, JJ., refused to quash departmental enquiry against the petitioner even

Case Briefs Supreme Court

Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Case Briefs High Courts

Tri HC | Once material has come to Government notice prima facie indicating that there was some corrupt practice, Government is duty-bound to act on the same; Court maintains departmental inquiry

Tripura High Court: Akil Kureshi, CJ., disposed of a writ petition which was filed challenging a departmental inquiry and suspension pending such

Case Briefs High Courts

Tri HC | A pending departmental inquiry is by itself a stigma and is attached with several adverse consequences; Court directs quashing of chargesheet and release of due payments

Tripura High Court: Akil Kureshi CJ., while directing respondents to release the due payments, observed that departmental proceedings cannot be kept pending