Topic
Bombay High Court ruled that a disciplinary suspension must end after three months if no charge-sheet or reasoned order is served, ordering the reinstatement of two senior academicians. The decision enforces the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 and the 2025 State resolution, affecting all government employees facing suspension.
The Allahabad High Court has ruled that cooperative employees are entitled to full leave encashment upon superannuation, regardless of pending disciplinary proceedings, as no provision under the 1975 Regulations permits such withholding. This reinforces earned benefits as non-negotiable rights, protecting thousands of cooperative sector workers from arbitrary financial delays by employers.
The Bombay High Court clarified that in disciplinary proceedings, a mere refusal to exercise an offered chance to cross-examine does not amount to a violation of natural justice - the burden lies on the employee to prove actual denial, not assume it. This sets a critical precedent for universities and public employers handling service disputes, reinforcing that procedural fairness requires active assertion, not passive assumption.
Allahabad HC quashed a termination order of a contractual conductor, ruling that denial of a fair hearing violates principles of natural justice, regardless of employment status. The court mandated a fresh inquiry with an opportunity for the employee to present a defense, reinforcing that procedural fairness is non-negotiable in disciplinary actions.
CAT Allahabad holds that mere negligence without dishonest intent or financial loss cannot justify major penalty; sets precedent for disciplinary proceedings against government servants.