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Landmark Judgments and Articles on Law

Whether investigating officer is liable for departmental enquiry if he fails to investigate the offence properly to shield the accused?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1121 OF 2020 MOHAMMED ZAHEER S/O. MOHAMMED AZAM Vs THE STATE OF MAHARASHTRA AND OTHERS CORAM : RAVINDRA V. GHUGE AND B. U. DEBADWAR, JJ. DATE : 19TH MARCH, 2021 1….

Whether the employer can hold an employee guilty for Sexual harassment in Departmental enquiry despite the pendency of criminal prosecution?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3456 OF 2019 (Arising out of Special Leave Petition (Civil) No.28314 of 2017) THE SECRETARY, LUCY SEQUEIRA TRUST AND ANR. …Appellants VERSUS KAILASH RAMESH TANDEL AND ORS. …Respondents JUDGMENT Uday Umesh Lalit, J….

Whether Disciplinary authority can Dismiss an Employee after Departmental enquiry even after his Acquittal in a criminal case?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No. 3340 of 2020 The State of Rajasthan Vs Heem Singh Author: Dr Dhananjaya Y Chandrachud, J Dated: October 29, 2020. This judgment has been divided into sections to facilitate analysis. They are: A The…

Whether High court should initiate a Departmental enquiry against Judicial officer on the ground that he has passed the wrong order?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8950 of 2011 Decided On: 26.09.2019 Krishna Prasad Verma (D) thr. L.Rs. Vs. State of Bihar and Ors. Hon’ble Judges/Coram: Deepak Gupta and Aniruddha Bose, JJ. Citation: MANU/SC/1364/2019, 2020(2) MHLJ 296 1. In a country, which follows…

How to prove Second marriage in Departmental enquiry?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) W.P. No. 313 of 2011 Decided On: 12.04.2018 Ashok Ramakant Choudhari Vs. State of Maharashtra and Ors. Hon’ble Judges/Coram: T.V. Nalawade and K.L. Wadane, JJ. Citation: 2018(5) MHLJ 725 1. The petitioner has challenged the order passed…

Whether departmental enquiry can be initiated against judicial officer in absence of complaint on affidavit?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.643 OF 2017 Asif Badremunir Tahasildar Age 35 years, Indian Inhabitant presently residig at C/o,Shaikhbabu Ramnagar, Gondia Dist Gondia, Maharashtra ..Petitioner Vs. 1. State of Maharashtra 2. The High Court of…

False accusation and conflicting testimony

Supreme Court of India Bench: K J Shetty, A Ahmadi State Of Maharashtra And Another vs Madhukar Narayan Mardikar on 23/10/1990 ORDER A.M. Ahmadi, J. 1. The respondent, Madhukar Narayan Mardikar, was serving as a Police Inspector, Bhiwandi Town Police Station in District Thana of…

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