AI Overview...
-
Corporation's Dismissal Power - Corporations generally have the authority to dismiss employees, including chief engineers, based on their own regulations and rules, which have the force of law. Courts have upheld that such regulations do not strip the corporation of its power to dismiss employees, provided the dismissal is in accordance with these rules. The power to dismiss is therefore derived from the corporation's internal regulations, not solely from statutory law. Commissioners For The Port Of Calcutta VS Nanda Das - Calcutta, P. V. Nayudu VS The A. P. , Mining Corporation Ltd - Andhra Pradesh
-
Legal Rights and Regulations - Employees, including engineers, have legal rights such as pension rights, which are part of their conditions of service. However, these rights do not inherently restrict the corporation’s authority to dismiss employees for misconduct if proper procedures and regulations are followed. The regulations must be adhered to, and any dismissal must conform to these rules to be valid. K. R. Erry VS State Of Punjab Through Chief Secretary To Govt. Punjab - Punjab and Haryana, Govind Ragho Khairnar VS Municipal Corporation of Greater Mumbai and others - Bombay
-
Authority to Initiate Disciplinary Action - Disciplinary proceedings against chief engineers or similar officers are generally initiated by authorized officials such as Regional Chief Engineers, as per standing orders or regulations. The authority to dismiss or take disciplinary action must be explicitly conferred by the relevant rules; otherwise, such actions may be deemed invalid. Proper enquiry and evidence are essential to substantiate misconduct charges. A. Sampathkumar VS Board Members, Tamil Nadu Electricity Board & Others - Madras
-
Misconduct and Grounds for Dismissal - Misconduct, including corruption or breach of discipline, if proven through proper enquiry, justifies dismissal. The misconduct must be established in accordance with the standing orders or rules governing the specific employment, and the disciplinary process must be fair and lawful. Arbitrary or unauthorized dismissals are subject to legal challenge. A. Sampathkumar VS Board Members, Tamil Nadu Electricity Board & Others - Madras, State of Kerala VS Kurian P. Paul - Kerala
-
Constitutional and Legal Constraints - While employees have constitutional rights, including to life and liberty, these rights do not prevent corporations from dismissing employees for misconduct if procedures are properly followed. Dismissals made in accordance with established rules do not violate fundamental rights. However, any breach of statutory or procedural requirements can render a dismissal invalid. U. N. PANDEY VS EASTERN COALFIELDS LTD. - Calcutta, DAMODAR SHANTARAM NADKARNI VS S. E. SUKHTANKAR - Bombay
-
Summary and Conclusion - Corporations possess the legal authority to dismiss chief engineers for misconduct, provided that such dismissals are executed in accordance with their internal rules and regulations, which have the force of law. Proper procedural safeguards, evidence of misconduct, and authority conferred by the rules are essential to ensure dismissals are lawful and defendable. Unauthorized dismissals or those violating statutory or constitutional rights can be challenged legally.
Search Results for "Legal Rights of Corporations to Dismiss Chief Engineers for Misconduct during Duty"
1974 0 Supreme(Cal) 290 • India - Calcutta
S.K.Datta, B.C.Ray
and confer statutory or legal rights on the employees of such bodies. 2. ... The petitioner submitted his representation and the Deputy Chairman by his order communicated by the Chief Mechanical Engineer to ... Cecelia Kom Francis Tellis, which held that rules and regulations framed by statutory bodies or Corporations have the force of law ... The Court held that the regulations did not take away the power of the Corporation to dismiss its employees and such regulatio....
1966 0 Supreme(P&H) 213 • India - Punjab and Haryana
D.K.MAHAJAN, MEHAR SINGH, I.D.DUA
Engineers. ... The right to pension is a legal right and a part of the conditions of service. ... The right to pension is a legal right and a part of the conditions of service. 2. ... Engineers. ... I would, therefore, dismiss these petitions, but make no order in regard to costs. ... D.K.Mahajan, J. ... 39 I have carefully gone through the judgment prepared by my Lord, the Chief Justice and Dua J. ... Handa, the....
1997 0 Supreme(Bom) 312 • India - Bombay
R.M.LODHA
not be exhaustive-Misconduct not amounting to actions in consonance with constitutional rights. ... municipal servant or officer in the context of his service and rules and which is in accord and consonance with his constitutional rights ... Commissioner charged with misconduct-Alleged to be a hitful- misconduct-Held-In absence of any evidence, the Enquiry Officer could ... Municipal Commissioner is also an officer of the Municipal Corporation although the power to appoint him and cons....
2009 0 Supreme(Mad) 3186 • India - Madras
VASANTHAKUMAR, N.PAUL VASANTHAKUMAR
Ratio Decidendi: The court held that the Regional Chief Engineer had the authority to initiate disciplinary proceedings and ... The charges levelled against the petitioner are related to corruption and misconduct as per the Standing Orders. ... This is misconduct as per Clause 30(V) Standing Order in respect of workman other than those engaged in clerical work. ... On the basis of the enquiry report, the Regional Chief Engineer (Distribution), Vellore, came to a provisional conclusion....
1999 0 Supreme(Cal) 611 • India - Calcutta
D.P.KUNDU
TO LIFE AND PERSONAL LIBERTY - MODEL STANDING ORDERS FOR INDUSTRIAL ESTABLISHMENT IN COAL MINES - SECTION 17(I) - MISCONDUCT - DISMISSAL ... Whether the petitioner's fundamental rights under Articles 14 and 21 of the Constitution of India have been violated? 3. ... employer who is a "state" within the meaning of Article 12 of the Constitution of India provided he can prove that his fundamental rights ... The learned Advocate for the petitioner argued that on the face of the record it shows that the Chief General Manager,....
1973 0 Supreme(Bom) 40 • India - Bombay
R.M.KANTAWALA, V.D.TULZAPURKAR
Whether the dismissing authority had the authority to dismiss the petitioner? ... that the dismissal was in breach of statutory rules and regulations, and that the dismissing authority lacked the authority to dismiss ... that the dismissal was in breach of statutory rules and regulations, and that the dismissing authority lacked the authority to dismiss ... By a majority decision the House of Lords took the view that the decision of the watch committee to dismiss the chief constable was null and void. .....
1956 0 Supreme(SC) 84 • India - Supreme Court
T.L.VENKATARAMA AYYAR, S.R.DASS, P.GOVINDA MENON, P.N.BHAGWATI
The persuasions of the Chief Engineer and also of the section engineers proved of no avail and the 76 workmen persisted in their attitude with the result that the section engineers made their reports to the General Manager through the Chief Engineer giving the names of the workmen belonging to their ... Chatterjee for the appellant before us has strenuously urged that the workmen had resorted to the tools-down strike which was an illegal strike and that the appellant was well within it....
1991 0 Supreme(Ker) 228 • India - Kerala
GUTTAL, VARGHESE KALLIATH
Arbitration Misconduct - Contract Dispute - Arbitration Act, S.30 - The court analyzed the grounds for setting aside an award ... The disputes arose from a construction contract, and the appellant alleged misconduct of the proceedings by the arbitrator, particularly ... It was argued by learned counsel for the respondent that the misconduct of the proceedings by the arbitrator has not been pleaded in the grounds of appeal. We are urged to dismiss the appeal on this ground alone. ... While it is difficult to give an exhau....
1991 0 Supreme(Ker) 227 • India - Kerala
VARGHESE KALLIATH, G.H.GUTTAL
The court found that the arbitrator's decision was based on valid legal principles and upheld the award in part, modifying the amount ... It was argued by learned Counsel for the respondent that the misconduct of the proceedings by the arbitrator has not been pleaded in the grounds of appeal. We are urged to dismiss the appear on this ground alone. ... While it is difficult to give an exhaustive list of acts which constitute misconduct of the proceedings, the above stated grounds broadly cover such grounds. These acts co....
1973 0 Supreme(AP) 46 • India - Andhra Pradesh
S.OBUL REDDY
, as the Corporation had the power to employ and dismiss its employees on terms and conditions provided in its own regulations. ... and that there was no legal right on which the action could be founded, as there was no breach of any statutory rules or regulations ... The Corporation did not have such powers. 2. ... Without the contract, they have no vitality and can confer no legal rights. The appellant cannot found a cause of action on any breach of law but only on ....
Filter by Legal Phrase
