22 July 2024

Search Results for Tag : Dismissal

International Cases

Tribunal can consider a claim for unfair dismissal presented outside three month limit, if it is presented within such further period as tribunal considers reasonable(13.09.2016)

Instant appeal by Sheredes School (the Respondent below) against a Decision of Employment Judge by which Claimant’s complaint of unfair dismissal to p.....

Tags : Unfair dismissal, Time, Extension


Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)

In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......

Tags : Dismissal, Limitation, Jurisdiction


Employee must resign in response to the breach; an employee must make up his mind regarding resignation soon after the conduct of which he complains(03.01.2017)

Claimant was employed as a full-time sales assistant in the respondent’s premises in Enniskillen. She was employed from 20 April 2012 until her resig.....

Tags : Dismissal, Trust, Breach, Validity


There was no requirement for any investigation or time to let the dust to settle before reaching a concluded view(11.06.2018)

The Claimant's case was that, she was dismissed on or about 10th August, 2017 from her employment as a counter assistant at one of the Respondent's fr.....

Tags : Conduct, Dismissal, Legality


The Court may grant the injunction if it is necessary to maintain the parties' existing position until the determination of the rights at trial(24.12.2021)

The Applicant, Ben William Falconer, has brought an application for judicial review in which he challenges the validity of an Employer Direction issue.....

Tags : Direction, Dismissal, Injunction


Dismissal of claimant automatically unfair due to non-completion of statutory dismissal procedure(21.02.2017)

Present case deals with claim of unfair dismissal. Issue to be determined by tribunal was whether the claimant was an employee of Respondent. In claim.....

Tags : Dismissal, Statutory Procedure, Compensation


Employer 'may' make a payment in lieu of notice to the employee giving the employer the choice whether or not to make the payment(21.09.2017)

In the facts of present case, the claimant worked as a farm labourer for the respondent company, picking mushrooms at its premises, from 13 December 2.....

Tags : Poor attendance, Dismissal, Legality



Chattisgarh HC Upholds Dismissal of Judicial Officer Who Lodged Criminal Case Against HC Judges(20.08.2020)

Chhattisgarh High Court has upheld the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the .....

Tags : Chhattisgarh High Court, Dismissal of Judicial Officer


Allahabad HC Nullifies Dismissal Order Passed Against Police Constable(20.05.2022)

Allahabad High Court quashed an order passed against an Uttar Pradesh Police Constable removing him from service allegedly because he entered into an .....

Tags : Allahabad High Court, Dismissal Order, Dismissal from Service


Allahabad HC Dismisses Husband's Plea to Quash FIR Filed for Causing Injuries to Wife(14.10.2020)

Allahabad High Court has dismissed a plea filed by the husband to quash the First Information Report under Section 307 of the Indian Penal Code, 1860 .....

Tags : Allahabad High Court, Dismissal of FIR, Injuries to Wife by Husband


HP HC Upholds Dismissal from Service of Doctor for Wilful Absence(22.09.2020)

Himachal Pradesh High Court has ruled that a medical officer who remains willfully absent from duty, is guilty of misconduct and punishment of dismiss.....

Tags : Himachal Pradesh High Court, Dismissal of Doctor


Allahabad HC: Courts Shouldn't Stay Termination & Dismissal Order During The Pendency of Proceedings(13.07.2022)

Allahabad High Court has held that by way of an interim order, the order of suspension termination, dismissal, and transfer etc. should not be stayed .....

Tags : Allahabad High Court, Interim Order, Termination & Dismissal


Gujarat HC Issues Notice to Institute of Advanced Research Over Illegal Dismissal of Professor(01.02.2022)

Gujarat High Court has issued a notice to the Institute of Advanced Research, Gandhinagar, a private University, on a plea filed by its Assistant Prof.....

Tags : Gujarat High Court, Dismissal of Professor


P & H HC Sets Aside Dismissal Order for Want of Reasons for Dispensing with Inquiry(09.09.2020)

Punjab and Haryana High Court has held that in absence of sufficient reasons recorded in writing dispensing with the requirement of holding inquiry in.....

Tags : Punjab and Haryana High Court, Dismissal Order


SC: Punishment of Dismissal from Service is Not Disproportionate to 'Corrupt' Employee(11.09.2020)

Supreme Court has dismissed the appeal of a Central Industrial Security Force officer dismissed from service for indulging in corruption, observing th.....

Tags : Supreme Court, Punishment of Dismissal from Service


SC: Dismissal of SLP Has No Consequence on Question of Law(04.12.2020)

Supreme Court has observed that the dismissal of special leave petition is of no consequence on the question of law.

Tags : Supreme Court, Dismissal of SLP


SERVICE - Dismissal of Soldiers for Unauthorized Absence Not Harsh Punishment: SC(15.03.2019)

Supreme Court has upheld dismissal of a soldier of Indian Army on the ground of unauthorised absence of 302 days and observed that Armed Forces Tribu.....

Tags : Supreme Court, Dismissal of Soldiers, Unauthorized Absence


CONSUMER - Consumer Forums have Jurisdiction to Dismiss Complaints In Limine: SC(08.03.2019)

Supreme Court has observed that consumer forums have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to t.....

Tags : Supreme Court, Consumer Forum, Dismissal of complaint


SC: Dismissal of Workman Cannot be Interfered With Because Disciplinary Enquiry Not Conducted(25.01.2021)

Supreme Court has observed that dismissal of a workman by his/her employer cannot be interfered with merely on the ground that it did not conduct a di.....

Tags : Supreme Court, Dismissal of Workmen


Supreme Court: Maternity Leave No Ground for Dismissal(29.10.2020)

Supreme Court has slammed Delhi Univesity’s Aurobindo College for removing an ad hoc assistant professor during her maternity leave and said having a .....

Tags : Supreme Court, Grounds for Dismissal


SC: Order of Dismissal Can be Passed Even if Delinquent Official Acquitted of Charge(30.10.2020)

Supreme Court has upheld dismissal of police constable, reiterating that order of dismissal can be passed even if the delinquent official had been acq.....

Tags : Supreme Court, Order of Dismissal


SC Upholds Cost on DU College for Dismissing Professor While on Maternity Leave(02.11.2020)

Supreme Court has dismissed an appeal against a Delhi High Court Order which reinstated an ad-hoc Assistant Professor who had been removed from servic.....

Tags : Supreme Court, Dismissal of Professor on Maternity leave


Gauhati HC Declines Relief to Constable Dismissed for Entering Church Under Influence of Alcohol(18.11.2020)

Gauhati High Court has refused to exercise its jurisdiction under Article 226 of the Constitution of India, 1949 in a case against dismissal of a Cons.....

Tags : Gauhati High Court, Dismissal of Constable


Delhi HC: A Judge is a Judge Who is Always Open to be Judged(24.03.2023)

Delhi High Court while upholding a judicial officer's dismissal from service for accepting a favour from stranger in form of sponsored foreign trip, h.....

Tags : Delhi High Court, Judicial Officer, Judged, Dismissal


Delhi HC: Tribunal Cannot Dismiss Appeal Merely for Want of Non-Prosecution(02.03.2021)

Delhi High Court has ruled that the tribunal cannot dismiss the Appeal merely for want of Non-Prosecution. The Court has opined that the order of the .....

Tags : Delhi High Court, Dismissal of Appeal


Ker. HC: Can’t Seek Return of Plaint & Refund of Court Fees After Dismissal of Suit(20.01.2023)

Kerala High Court has held that petitioner can’t pray for return of the plaint and court fee as the said course is untenable and impermissible in law,.....

Tags : Kerala High Court, Court Fees, Return, Dismissal


Ker. HC: If Teacher is Convicted on Cr. Charge, Aided School Not Bound by Procedure for Dismissal(16.05.2023)

Kerala High Court has held that if a teacher in an aided school is convicted for a criminal charge, the school is not bound to follow the procedure of.....

Tags : Kerala High Court, Criminal Charge, Kerala Education Rules, Teacher, Dismissal


SC: Executing Court to Determine Whether Transfer of Suit Property Was Made Post Dismissal of Suit(19.05.2023)

Supreme Court has held that executing court will have to determine whether transfer of immovable property which was made post dismissal of suit, was m.....

Tags : Supreme Court, Executing Court, Post Dismissal, Lis Pendens


SC: Must Establish Employee wasn’t Gainfully Employeed During Dismissal Period to Claim Back Wages(07.07.2023)

Supreme Court has held that in order to claim back wages, the initial burden is on the employee to come out with the case that he was not gainfully em.....

Tags : Supreme Court, Back Wages, Employee, Dismissal


P&H HC: Accused has Right to be Heard in Revision Challenging Dismissal of Complaint(24.11.2023)

Punjab and Haryana High Court has held that where a complaint has been dismissed by Magistrate and the said order is challenged in revision petition b.....

Tags : Punjab and Haryana High Court, Revision, Complaint, Dismissal


SC: Summary Dismissal of Article 32 Writ Does Not Operate as Res Judicata(19.11.2021)

Supreme Court has observed that the summary dismissal of an earlier writ petition under Article 32 of the Constitution does not operate as res judicat.....

Tags : Supreme Court, Summary Dismissal of Article 32 Petition



Inquiry proceedings can be closed, once an employee unconditionally admitted the charges and that admission not recorded under any duress, force or pressure(21.10.2016)

By present petition, Petitioner challenged suspension order dated 7 June 2011, order dated 14 February 2013 imposing penalty of dismissal as confirmed.....

Tags : Charges, Dismissal, Penalty


SC: Employee Can be Dismissed in Disciplinary Inquiry Completed After Retirement(28.05.2020)

Supreme Court has observed that disciplinary enquiry against an employee can continue even after the retirement of the employee and major punishment l.....

Tags : Supreme Court, Dismissal of Employee


Gujarat High Court Refuses to Quash Trial Court Order Dismissing Private Complaint(02.03.2022)

Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure, 1973, affirm.....

Tags : Gujarat High Court, Dismissal of Private Complaint


SC: Employee Can’t Be Dismissed For Sending Representations Directly to Superior Officers(16.02.2024)

Supreme Court has held that an employee when in financial hardship, may represent directly to the superior but that by itself cannot amount to major m.....

Tags : Supreme Court, Superior Officers, Dismissal


Kar HC: Disciplinary Authority Must Look Into Past Conduct of Workman While Passing Dismissal Order(29.05.2024)

Karnataka High Court has observed that the disciplinary authority, while taking into consideration the findings of the inquiry officer and passing the.....

Tags : Karnataka High Court, Disciplinary Authority, Dismissal Order


J&K&L HC Upholds Munsiff's Dismissal for Misconduct(29.06.2022)

Jammu and Kashmir and Ladakh High Court has upheld dismissal from service of a Munsiff, for conferring undue benefits on certain parties by enabling r.....

Tags : Jammu and Kashmir and Ladakh High Court, Dismissal, Undue Benefit


Reference made to Labour Court or the Tribunal not to be dismissed in default(20.12.2016)

Petitioners claims to be Safai Kamgar with Respondent / Corporation. All of them claimed to have worked for about two years prior to their oral termin.....

Tags : Reference, Dismissal, Non-prosecution


Legality of impugned order cannot be examined on basis of acts done by parties subsequent to passing of impugned order(07.09.2018)

Petitions are against the final judgment passed by the High Court whereby the High Court dismissed the appeals filed by the Appellant herein. The shor.....

Tags : Dismissal, Subsequent acts, Relevance


Acquittal by a Criminal Court does not preclude a Departmental Inquiry against delinquent officer(16.09.2019)

The judgment of the High Court by which the order of dismissal of Respondent No. 1 from the service was set aside is the subject matter of this Appeal.....

Tags : Departmental Inquiry, Dismissal, Misconduct


When employee was found guilty of corruption by criminal court, then, unless said conviction was set aside, action of employer in dismissing employee from service cannot be faulted(06.12.2019)

The Petitioner was serving in the Bharat Coking Coal Limited. A show cause notice was issued to him on 24th June, 2017 on the allegation that, while h.....

Tags : Illegal Gratification, Dismissal, Legality


Where delinquent chooses not to participate in proceedings in spite of opportunity being granted, he is estopped from raising the plea of non-compliance of the principles of natural justice(21.08.2020)

The Petitioner has assailed the order whereby the District & Sessions Judge, has dismissed the Petitioner from service with effect from 1st June, 2002.....

Tags : Punishment, Dismissal, Legality


A special leave petition challenging the order of High Court rejecting the review petition cannot be entertained, when main judgment in the writ Petition is not challenged(05.10.2020)

Present special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court rejecting the Review Petition filed by the.....

Tags : Dismissal, SLP, Maintainability


An order of dismissal of a complaint under Section 203 of CrPC has to be made on judicially sound grounds(21.06.2021)

The complainant in private complaint is before present Court against the order passed by the learned Judicial Magistrate. The Petitioner/complainant h.....

Tags : Complaint, Dismissal, Validity


High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion(29.11.2021)

Present appeal is preferred against the order passed by the High Court in Regular Second Appeal whereby the High Court had dismissed the appeal in lim.....

Tags : Appeal, Dismissal, Legality


Lack of care and caution on the part of an employer in detecting the fraud could act as acquiescence and as a consequent waiver of irregularity in certain cases(01.12.2021)

Present application is directed against a judgment and order passed by the Learned Central Administrative Tribunal, thereby affirming an order issued .....

Tags : Dismissal, Affirmation, Legality


Summoning of the accused in a criminal case is a serious matter and should not be resorted to as a matter of course(20.10.2022)

The Petitioner has preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 ("CrPC) for setting aside the impugned ord.....

Tags : Complaint, Dismissal, Legality


Inquiring officer and disciplinary authority are different; proceedings must be held in two separate stages(07.02.2017)

Since, 19 April 1988, Petitioner had been working as a bus driver with Respondent. On 10 May 1996, State Transport bus driven by Petitioner collided .....

Tags : Misconduct, Dismissal, Punishment


An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)

Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....

Tags : Departmental proceedings, Dismissal, Validity


Present Court should not interfere in findings of fact recorded by the Labour Court, unless same are so perverse as to be completely against the materials on record before it(02.02.2018)

Instant writ petition has been filed by the Petitioner challenging the award and its notification dated 22nd August, 2015 passed by the Respondent Nos.....

Tags : Dismissal order, Charges, Proof


A valid authorization is necessary to institute a complaint under the NI Act(01.04.2024)

In present case, judgment and order passed by trial Court acquitting Respondent from offence under Section 138 of the Negotiable Instruments Act (the .....

Tags : Complaint, Dismissal, Legality


Absence from duty without proper intimation is a grave offence warrants removal from service(22.03.2022)

The petitioner's case is that he was dismissed from service vide impugned Order issued by the Commandant, 4th Assam Police Battalion, for unauthorized.....

Tags : Departmental Proceeding, Dismissal, Legality


CISF constable’s dismissal for unprovoked aggression at DMRC station upheld(20.05.2016)

CISF personnel posted at DMRC metro station held to have been rightly dismissed for behaving rudely with and assaulting a person in plain clothes.

Tags : dmrc, cisf, unprovoked, dismissal from service