#procedural irregularities

The Madhya Pradesh High Court has ruled that even when Section 59A of the M.P. Excise Act bars anticipatory bail, courts may grant it if the raid procedures are so irregular that they raise a credible risk of false implication. This sets a critical precedent for safeguarding liberty against mechanically enforced statutory bars when state action lacks procedural integrity.

The Andhra Pradesh High Court ruled that disciplinary proceedings marred by undue delay and insufficient evidence cannot sustain punitive actions like pension cuts. The Court also clarified that notional promotion is not an automatic entitlement, even if the punishment order is set aside, reinforcing principles of natural justice in service law.

The CESTAT holds that unutilized CENVAT credit for exported services cannot be denied during refund claims due to minor invoice irregularities if the credit was not contested at the time of availing it.