Search Results for "proportionality"

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Search Results for "proportionality"

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Supreme Court

Supreme Court Allows Appellant in Tender Dispute, Quashing High Court's Order and Permitting Project Completion. The Court held that judicial review in tender matters is limited to examining legality under Article 14 of the Constitution, and interference is unwarranted unless the decision is manifestly arbitrary, unjust, or mala fide, as per Tata Cellular v. Union of India.

21 Mar 2022

The dispute arose from a tender process initiated by the Road Construction Department of Jharkhand for the reconstruction of Nagaruntari–Dhurki–Am...

Supreme Court

Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

10 Mar 2022

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

Supreme Court

Supreme Court Allows State's Appeal in Blacklisting Case, Reinstating Order Against Contractor for Negligence in Public Works. The Court Held That the Blacklisting Procedure Complied with Natural Justice and Was Not Predetermined, and the Punishment Was Not Disproportionate Given the Serious Lapses Leading to Death and Injuries.

24 Feb 2022

The dispute arose from the State of Odisha's decision to blacklist a contractor following a fatal accident during the construction of a flyover, which...

Supreme Court

Supreme Court Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

24 Feb 2022

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

Supreme Court

Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

18 Feb 2022

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

Supreme Court

Supreme Court Reinstates Bank's Disciplinary Action Against Employee for Negligence in Cash Handling. High Court's Interference with Departmental Inquiry Findings Set Aside as Judicial Review Limited to Procedural Fairness and Perversity Under UCO Bank Regulations.

18 Feb 2022

The Supreme Court considered an appeal challenging the High Court's decision that quashed disciplinary proceedings against a bank employee. The respon...

Supreme Court

Supreme Court Allows Appeal of Authority in Plot Allotment Case Due to False Affidavits and Breach of Eligibility Conditions. Allotment Cancelled as Plaintiff and Spouse Filed False Affidavits Concealing Prior Allotment, Violating Terms Under Uttar Pradesh Industrial Development Act, 1976.

15 Feb 2022

The dispute arose from the allotment of residential plots in Noida. The plaintiff-respondent, a member of the Defence Services Cooperative Housing Soc...

Supreme Court

Supreme Court Modifies Punishment from Removal to Compulsory Retirement in Bank Disciplinary Case Due to Disproportionality. The court held that removal was too harsh as no financial loss occurred and the employee had 28 years of unblemished service, substituting it with compulsory retirement under principles of proportionality. (Paras 3.2, 6)

11 Feb 2022

The dispute involved an employee of a bank who was removed from service after disciplinary proceedings initiated based on complaints, including one fr...

Supreme Court

Supreme Court Dismisses Appeal of Accused in POCSO Act Case, Upholding Life Imprisonment for Aggravated Penetrative Sexual Assault. Conviction was based on medical evidence showing finger penetration into vagina of a four-year-old victim, constituting offences under Sections 3(b), 5(m), and 6 of the Protection of Children from Sexual Offences Act, 2012.

8 Feb 2022

The Supreme Court of India dismissed an appeal filed by an accused challenging his conviction and life imprisonment for offences under the Indian Pena...

Supreme Court

Supreme Court Upholds High Court's Decision Setting Aside Bank Employee's Dismissal in Disciplinary Proceedings Due to Perverse Findings and Procedural Unfairness. The Court affirmed that judicial review under Article 226 of the Constitution permits interference when enquiry findings are based on insufficient evidence and procedural lapses cause prejudice, as per precedents on sufficiency of evidence in departmental proceedings.

31 Jan 2022

The dispute involved a bank employee who was dismissed from service following disciplinary proceedings initiated by the bank. The employee, initially ...

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