What High Court can see in disciplinary proceedings cases ?
The High Court can only see in disciplinary proceedings are whether: (a) the enquiry is held by a competent authority; (b) the enquiry is held according to the procedure prescribed…
When an alternate remedy is present, will Article 226 of the Constitution be available ?
If a petitioner has disabled himself from availing himself of the statutory remedy by his own fault in not doing so within the prescribed time, he/she cannot certainly be permitted…
What if punishment imposed by the disciplinary authority appears to be shockingly disproportionate to the nature of misconduct?
Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the court, normally the disciplinary authority or the appellate authority…
Quantum of punishment – Disciplinary matters
If the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the High Court/Tribunal, it would appropriately mould the relief, either directing the disciplinary/appellate authority…
Discharge of surety by variance in terms of the contract
A contract of guarantee is a contract to perform the promise, or to discharge the liability of a third person, in the case of default. The person who gives the…
Claim for compensation after a fatal motor accident
The tribunal should first determine the full amount of compensation under the Motor Vehicle Act (MVA). After that, the legal representatives can withdraw the compensation provided by the government to…
Regularisation of the services of temporary employees
Our constitutional scheme envisages employment by the Government and its instrumentalities on the basis of a procedure established in that behalf. But, sometimes this process is not adhered to and…
What happen when quasi judicial officer give incorrect quasi judicial order?
Quasi-judicial officer’s error in judgment does not automatically imply misconduct or favouritism. In absence of allegations of extraneous influence, departmental proceedings should not be initiated merely because a quasi-judicial order…
What is “Sanction” Under Section 197 of the Cr.PC ?
Any person who is or was a judge or magistrate or a public servant and is accused of any offence alleged to have been committed by him while acting or…
Whether Criminal Court will act as a recovery agent in order to solve the dues between Private Parties?
A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent in order to solve the dues between the private party, and that…