Search Results for "Article 311"

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Supreme Court Allows Appeal of Probationer Civil Judge Discharged for Alleged Misconduct During Prior Employment. Discharge Order Set Aside as Stigmatic and Violative of Natural Justice, Matter Remitted for Fresh Consideration.

The appellant, Pinky Meena, a Scheduled Tribe candidate, was selected as Civil Judge and Judicial Magistrate through the Rajasthan Judicial Service Ex...

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High Court Upholds Acquittal in ACB Trap Case Due to Invalid Sanction. Minor inconsistencies in evidence dismissed, but sanctioning authority deemed incompetent.

The Bombay High Court dealt with an appeal from the State challenging the acquittal of the respondent in a bribery case. The Anti-Corruption Bureau (A...

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Supreme Court Reinstates Employee's Service: Contractual Termination Found Stigmatic.  Court rules termination order to be punitive, requiring procedural safeguards under Article 311.

The Supreme Court intervened to reinstate an employee’s service after the Madhya Pradesh High Court's decision was challenged. The case involved...

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Supreme Court Upholds Dismissal of Railway Employees for Fraudulent Appointments. High Court's Reversal of Central Administrative Tribunal's Order Overturned, Emphasizing Integrity in Compassionate Appointments and Adherence to Natural Justice Principles

The appeals filed by the Union of India challenge a judgment by the High Court of Calcutta that reversed a Central Administrative Tribunal order and a...

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Supreme Court's Interpretation of Article 131: Federal Disputes and Legal Rights. A detailed analysis of the Supreme Court's jurisdiction under Article 131, focusing on federalism, state consent, and the role of the CBI within Indian constitutional law.

The maintainability of a suit filed by the State of West Bengal against the Union of India under Article 131 of the Indian Constitution, challenging t...

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High Court Upholds Writ Petition Against Private Educational Institution for Unilateral Change in Staff Service Conditions. Supreme Court affirms decision, emphasizing the public duty of education institutions and the doctrine of legitimate expectation.

The High Court on 05.08.2014, regarding the maintainability of a writ petition under Article 226 against a private educational institution. The case i...

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Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Allows Employee in Service Law Dispute Over Denial of Salary for Suspension Period. Appellate Authority's Order Treating Suspension Period as Dies Non After Setting Aside Removal Found Impermissible Under Punjab Civil Services (Punishment and Appeal) Rules, 1970.

The dispute involved an employee appointed as a Clerk in the State Transport Department in 1979, who faced criminal cases leading to suspension and re...