misconduct Archives

Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC

The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.

Case Briefs Supreme Court

Imposing penalty before initiating disciplinary action wrong; Can’t put a cart before the horse: SC

Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in

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

‘Orderly system’ unconstitutional: Madras High Court directs Tamil Nadu government to eradicate it completely in four months

Madras High Court: S.M. Subramaniam, J. has directed to ensure that the practice of orderly system stands eradicated in entirety

Case Briefs Supreme Court

Male Head Constable enters Mahila Barrack at 00:15 hours; is punishment of removal from service too harsh? SC tells what makes the punishment disproportionate

Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., affirmed impugned judgment of the Gauhati High Court whereby the

Case Briefs Supreme Court

“A judge, like Caesar’s wife, must be above suspicion”. Showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty: SC

Supreme Court: In a case where a Judge was accused of misconduct, the bench of Dr. DY Chandrachud and Bela M. Trivedi,

Case Briefs Supreme Court

Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?

“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”

Case Briefs Supreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

Case Briefs Supreme Court

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed

Case Briefs Foreign Courts

Canada SC | Class-action against Video lottery terminals cannot proceed

Supreme Court of Canada: Full Bench comprising Wagner, C.J., Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer, JJ. allowed an appeal against

Case Briefs High Courts

HP HC | Passing an order without giving the opportunity of hearing is a violation of natural justice; Court dismisses appeal

Himachal Pradesh High Court: A Division Bench of L. Narayana Swamy, CJ and Jyotsna Rewal Dua, J., dismissed an application which was

Case Briefs High Courts

All HC | Lack of efficiency or failure to attain highest standards in discharge of duties attached to public office would not constitute misconduct

Allahabad High Court: The Division Bench of Devendra Kumar Upadhyaya and Mohd. Faiz Alam Khan JJ. while dismissing the petition found no

Case Briefs Foreign Courts

SL CoA | Decision of Inspector General of Police held within the powers vested in him; dismissal of petitioner on grounds of misconduct upheld

Court of Appeal of Sri Lanka: Application under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka was

Case Briefs High Courts

Utt HC | Once the arbitrator applies his mind to matter before him, Court should not reappraise the matter as in appeal; Appeal dismissed

Uttaranchal High Court: Manoj K. Tiwari, J. decided the Appeal filed against the order of the District Judge in an Arbitration case.

Case Briefs Foreign Courts

SL SC | ‘There is a duty, both to the bank to preserve its fair name and customer whose money lies in deposits’; Termination upheld on grounds of misconduct

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira De Abrew, Prasanna Jayawardena and S. Thurairaja,

Case Briefs High Courts

Ker HC | Frivolous PIL alleging security lapse in conduct of banking operation by SBI, dismissed

Kerala High Court: The Division Bench comprising of Hrishikesh Roy, C.J. and A.K. Jayasankaran Nambiar, J. dismissed a PIL for being frivolous

Case Briefs High Courts

Megh HC | Bank Officer holds a position of trust – an act of breach of authority, therefore, amounts to misconduct

Meghalaya High Court: A Division Bench of Ajay Kumar Mittal, C.J. and H.S. Thangkhiew, J. dismissed a writ appeal filed by a

Cyril Amarchand Mangaldas Experts Corner

Restriction on Advocates — Misconduct or Miscarriage of Justice

Anshuman Sakle, Partner, Dhruv Rajain, Senior Associate and Balaji Venkatakrishnan, Associate, Cyril Amarchand Mangaldas
Cite as: (2019) PL (Comp. L) February 82

Case Briefs High Courts

Kar HC | Karnataka Gram Swaraj and Panchayat Raj Act, 1993: No-confidence motion moved against Adhyaksha within first 30 months of election is invalid

Karnataka High Court: The Bench comprising of S. Sunil Dutt Yadav, J. hearing a petition challenging motion of no-confidence moved against President

Case Briefs High Courts

Order of suspension: A tool to facilitate unhindered and fair inquiry into the alleged misconduct of the employee

Jammu & Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., allowed a writ petition filed against the order of