Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Reeta Mukesh Sehgal – Appellant
Versus
Union Bharat Sabha Through the Secretary – Respondent
| Table of Content |
|---|
| 1. principal's service amid management conflicts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. enquiry process and tribunal termination order. (Para 7 , 8 , 9) |
| 3. parties' contentions on charges and penalty. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. standards for misconduct proof and fairness. (Para 23 , 24 , 25 , 26 , 27) |
| 5. service record alterations for gain prove misconduct. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. admin obstruction and office misuse upheld. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. enquiry procedure fair without bias. (Para 47 , 48 , 49 , 50) |
| 8. moral turpitude involves base dishonest acts. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 9. termination proportional for principal's integrity breach. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67) |
| 10. writ dismissed; tribunal order upheld. (Para 68 , 69 , 70 , 71 , 72 , 73) |
JUDGMENT :
AMIT BORKAR, J.
1. The Petitioner has instituted the present writ petition challenging the judgment and order dated 28 September 2006 passed by the College Tribunal in Appeal No. 9 of 2006. By the said order, the Tribunal partly allowed the appeal and held the Petitioner liable for t
Altering service book entries with correction fluid to misrepresent service continuity for higher pay constitutes misconduct involving moral turpitude in educational institutions, warranting proporti....
Point of Law : Termination of service - Misconduct - Proved - Argument regarding failure to give opportunity to the petitioner to examine witnesses, again, the stage of examination of witnesses by th....
Tribunal has exceeded its jurisdiction by setting aside the dismissal order of the respondent No.1 in view of the charges, which were proved against him.
The Court emphasized that it does not act as an appellate authority to re-appreciate the evidence and that the disciplinary authority is the sole judge of facts. The Court also highlighted that the s....
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
Allegations against an employer must be substantiated; failure to do so can result in justified dismissal for misconduct.
The court affirmed that the disciplinary authority's decision, supported by a fair inquiry process, is not subject to re-evaluation by the court unless it is shockingly disproportionate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
