Dismissal Archives

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs Supreme Court

Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates

Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.

Case Briefs High Courts

‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order

Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?

Case Briefs High Courts

Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”

Case Briefs High Courts

Snatching away a job offends pith and substance of fundamental right to life: Karnataka HC

“In a society like ours, job more often than not, happens to be predominant source of livelihood and therefore snatching away a job, virtually amounts to taking away the means of livelihood of the employee.”

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Provisional selection of candidate and lack of formal enrolment exclude the applicability of Border Security Force Act, 1968; Calcutta High Court dismisses petition

Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.

Case Briefs High Courts

Prior approval of Directorate of Education is mandatory for passing termination order under S.8(2) of Delhi School Education Act, 1973: Delhi High Court reiterates

“During the pendency of the present petition, the petitioner had reached the age of superannuation. Therefore, the Court held that ends of justice would be met if petitioner was directed to be paid compensation in lieu of reinstatement and back wages.”

Case Briefs High Courts

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.

Case Briefs High Courts

Karnataka HC | Simply in order to dispose of cases, Courts should not dismiss complaints where the presence/attendance of the complainant is not an essential requirement

Karnataka High Court: While deciding the instant appeal for restoration assailing the order passed by the Trial Court wherein the

Case Briefs High Courts

Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman

Kerala High Court: In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes

Case Briefs High Courts

Whether a petition can be entertain applying principle of Forum Conveniens? Jharkhand High Court answers

Jharkhand High Court: Rajesh Shankar, J., while dismissing the present writ petition primarily for want of territorial jurisdiction held that even if

Case Briefs High Courts

Whether a petition can be entertained applying principle of Forum Conveniens? Jharkhand High Court answers

Jharkhand High Court: Rajesh Shankar, J., while dismissing the present writ petition primarily for want of territorial jurisdiction held that even if

Case Briefs Supreme Court

“No case for interference either on law or on moral grounds”; SC sets aside HC order for applying test of criminal proceedings to departmental proceedings

Supreme Court: Addressing a case of dismissal of a Bank clerk for breaching the trust of a widowed sister-in-law as well as

Case Briefs

Jhar HC | No protest by a delinquent servant for charges being vague doesn’t save the enquiry from being vitiated; HC emphasises on fair play in departmental proceedings

Jharkhand High Court: Deepak Roshan, J., partly allowed the challenge against the order of the Disciplinary Authority whereby the petitioner had been

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

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

Wrongful termination| Reinstatement with full back wages not automatic in every case, holds Supreme Court

Supreme Court: The bench of R. Subhash Reddy* and Sanjiv Khanna, JJ has held that reinstatement with full back wages is not

Case Briefs High Courts

P&H HC orders reinstatement of employee dismissed for misconduct under Art. 311(2) without recording sufficient reasons

Punjab and Haryana High Court: While deliberating over a matter of wrongful termination of a public servant’s services, Anil Kshetarpal, J., allowed