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K. V. VISWANATHAN, VIPUL M. PANCHOLI
K. Rajaiah – Appellant
Versus
High Court for the State of Telangana – Respondent
The exact paragraph that states the main ratio is paragraph (!) , which discusses the necessity of proper verification of signatures and handwriting in forgery cases and states that findings unsupported by credible evidence are perverse and liable to be set aside.
JUDGMENT :
K.V. Viswanathan, J.
1. Leave granted.
2. The present appeal calls in question the correctness of the judgment of the Division Bench of the High Court for the State of Telangana at Hyderabad dated 12.02.2024 in Writ Petition No.40486 of 2022. By the said judgment, the High Court dismissed the Writ Petition of the appellant and confirmed the order of his dismissal from service.
(u)FACTS OF THE CASE: -(/u)
3. The appellant was recruited as an attender in the Court of Additional Senior Civil Judge, Karimnagar on 09.11.1998. According to the appellant, since he was indisposed with high fever, vomiting and motion from 03.08.2017 to 07.08.2017, he telephonically informed about his absence to the Office Superintendent.
4. The Additional Senior Civil Judge, Karimnagar, by a letter dated 05.08.2017, wrote to the Principal District & Sessions Judge, Karimnagar, stating that the appellant was unauthorizedly absent from 03.08.2017 to 05.08.2017; that he had not applied for any kind of leave; that his unauthorized absence caused inconvenience to the Court and that the Court was not able to function properly. It was requested that action be taken against the individual for his unauthorize
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. Both cases appear to be standalone summaries of judicial reasoning without references to subsequent treatment or appellate criticism. Therefore, there are no cases identified as bad law based on the provided information.
[Followed or Affirmed]
None explicitly indicated. The first case discusses a fact-specific scenario where the CAT set aside an order of penalty based on perverse findings. There is no mention of subsequent affirmation or endorsement.
[Distinguished or Clarified]
None explicitly indicated. Both cases seem to stand on their own without reference to being distinguished or clarified in later rulings.
[Criticized or Questioned]
None explicitly indicated. There is no language suggesting that either case has been criticized or questioned in subsequent judgments.
[Treatment is not specified / Unclear]
Both cases are presented as standalone summaries without references to subsequent treatment, so their judicial treatment remains unclear based on the provided data.
Both cases lack information about subsequent judicial treatment or appellate review. Without references to later decisions, it is difficult to determine if they have been overruled, criticized, or otherwise treated as bad law. The treatment status of these cases remains uncertain.
**Source :** V. M. Saudagar (Dead) Through Legal Heirs VS Divisional Commercial Manager, Central Railway - Supreme Court Nirbhay Singh Suliya VS State of Madhya Pradesh - Supreme Court Sawai Singh VS State Of Rajasthan - Supreme Court
Dismissal – When charges are grave, caution and circumspection that should be exercised by authorities should be greater.
The submission of false medical certificates by a government employee constitutes serious misconduct justifying dismissal from service under the Central Civil Services (Conduct) Rules, 1964.
Disciplinary proceedings based solely on expert opinion without supporting evidence violate natural justice and cannot sustain dismissal.
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
The main legal point established in the judgment is the court's scrutiny of the disciplinary proceedings, finding the charge to be a repeat attempt suffering from unexplained delay, and the failure o....
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