AI Overview...
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Authority to Dismiss - The government or statutory authorities possess the power to dismiss officials, including Chief Engineers, based on proven misconduct, especially when it involves moral turpitude or financial irregularities JEYAPRASAD S D vs GOVERNMENT OF KERALA - Kerala, DAMODAR SHANTARAM NADKARNI VS S. E. SUKHTANKAR - Bombay.
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Disciplinary Proceedings - Disciplinary actions against Chief Engineers are initiated through charge-sheets issued by appropriate authorities, with the charges thoroughly examined. The appellate authority has wide powers to review and test the decision of the disciplinary authority GURBACHAN SINGH SAWHNEY VS UNION OF INDIA - Delhi, LALLAN KUMAR VS COAL INDIA LTD. - Allahabad.
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Role of Appellate Authority - The appellate authority reviews disciplinary decisions, and its approval or rejection depends on whether proper procedures were followed and whether the charges are substantiated. Orders can be set aside if principles of natural justice are violated or if the charges are vague N. Sivakumaran VS State of Tamil Nadu, rep. by the Secretary to Government & Others - Madras.
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Legal and Judicial Oversight - Courts can interfere if disciplinary procedures violate natural justice or if the misconduct is not adequately proved. They also have the authority to order reinstatement if proceedings are found flawed, even if misconduct is gravity acknowledged M. Rajasekaran VS The Chairman and Others - Madras.
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Specific Cases - Instances include dismissals based on financial misconduct, forgery, or unauthorized absence, with courts emphasizing the importance of fair procedures and valid grounds for removal. In some cases, even serious misconduct did not prevent reinstatement if procedural errors occurred Managobinda Mohapatra VS State of Odisha - Orissa, GURBACHAN SINGH SAWHNEY VS UNION OF INDIA - Delhi.
Analysis and Conclusion:
The sources collectively affirm that the government or statutory authorities have the explicit power to dismiss a Chief Engineer if misconduct related to financial irregularities or moral turpitude is established through proper disciplinary procedures. However, such dismissals are subject to judicial review to ensure fairness, adherence to due process, and substantiation of charges. Therefore, Poration has the authority to dismiss a Chief Engineer for misconduct involving money received, provided the action complies with procedural safeguards and legal standards.
Search Results for "Poration has the Authority to Dimiss the Chief Engineer do a Misconduct Related to Money Received"
1966 0 Supreme(P&H) 213 • India - Punjab and Haryana
D.K.MAHAJAN, MEHAR SINGH, I.D.DUA
E., Chief Engineer, Bhakra Canals, and was approved by Shri R. K. Gupta, I. S. ... In 1957, the report of the High Powered Commission was received by the Government in which it was observed that damage to the Ghaggar ... E., Chief Engineer, who held charge of Director, Central Designs, in addition to his duties. ... Handa, the Chief Engineer, and Shri R.K. Gupta. ... of three Chief Engineers. ... E., Chief #HL_STAR....
2002 0 Supreme(Del) 840 • India - Delhi
A.K.SIKRI, H.R.MALHOTRA
Ratio Decidendi: The court held that the charge-sheet was issued by an appropriate authority based on prima facie materials ... The petitioner was charge-sheeted for grave misconduct and unauthorized absence, leading to a departmental proceeding. ... Finding of the Court: The court found that the petitioner's misconduct was fully proved, and his actions indicated ... Khanna, Chief Engineer, who was later on promoted and became the appellate authority. ... ( 6 ) AS regards the first....
2012 Supreme(Online)(KER) 38775 • India - High Court of Kerala
ANTONY DOMINIC, J
Ratio Decidendi: The court held that the government has the authority to remove officials shown to be involved in misconduct ... Rules and the implications of moral turpitude as per the Water and Air Acts, leading to the dismissal based on the petitioner's misconduct ... concluding that even the annulment of the censure did not restore the petitioner's position since the removal was based on valid misconduct ... by the statutory authority. ... by him before the passing of the bribe money#HL_E....
2012 0 Supreme(All) 78 • India - Allahabad
S.K.SINGH, PANKAJ NAQVI
awarded to Superintendent Engineer—Charge of misconduct—Charges against him found to be vague, misconceived by Enquiry Officer—Disciplinary ... of appellate authority dismissed—Matter be attended by the Appellate Authority when presented by either side. ... the appellate authority possessed with wide power to test the decision of the disciplinary authority in the light of the comments ... , approved in his own hand writings and even it has been approved by the Chief #....
2008 0 Supreme(Mad) 3346 • India - Madras
S.MANIKUMAR
The Court emphasized the importance of providing brief reasons in the order affirming the views of the disciplinary authority. ... Issues: The main issue was whether the appellate authority disposed of the statutory appeal with reference to Rule 23 of the ... Final Decision: The impugned order of punishment was set aside, and the matter was remitted back to the appellate authority ... As the charges related to question of moral turpitude, the disciplinary authority dismissed the petitioner from servic....
2020 0 Supreme(Ori) 86 • India - Orissa
S.K.SAHOO
Whether the appellant forged the money receipts Exts.12 and 13 and committed the offence of forgery? 4. ... Whether the appellant was entrusted with Rs.6,000/- or had any dominion over such money in the capacity of a Clerk? 2. ... Whether the money was used in violation of any direction for which it had been credited to the P.L. account of Jaleswar N.A.C.? ... the reports were received. ... Similarly P.W.12 has also stated that he received Rs.1,200/-from the appellant and passed a receipt Ext.12 giving ....
1973 0 Supreme(Bom) 40 • India - Bombay
R.M.KANTAWALA, V.D.TULZAPURKAR
the authority to dismiss the petitioner. ... the authority to dismiss the petitioner. ... the authority to dismiss the petitioner. ... In this case the replies of the Chief Engineer were received upon the answers given by the witnesses in the enquiry. ... Undertaking, Section 74 provides for appointment of City Engineer, executive health officer and hydraulic engineer. Section 76A provides for app....
1972 0 Supreme(Cal) 26 • India - Calcutta
RAMENDRA MOHAN DATTA
The court found that the claim arose out of the contract and was related to damages claimed for breach of contract. ... respondent under category 'B' was not outside the scope of the arbitration clause because it arose out of the contract and was related ... Whether the arbitrator was guilty of legal misconduct in arriving at the compensation without any evidence? 4. ... That being the position, in my opinion, the arbitrator was not guilty of any misconduct and the points made out by Mr. Basu cannot be accepted and the s....
2022 0 Supreme(Del) 1225 • India - Delhi
ANU MALHOTRA
Power of police to seize property during investigation is restricted to assets with direct links to the alleged crime - Seizure related ... Assets alleged to be disproportionate must be linked to known sources of income - Seizure and freezing of assets justified as they relate ... No. 3927/2017) whilst functioning as Chief Engineer in the Indian Railways, Government of India, during the period 1.1.2001 to 19.12.2008 acquired assets in the name of his wife Indu Kumar, accused No.2 (director of the petitioner of Crl.M.C. .....
2002 0 Supreme(Mad) 1183 • India - Madras
K.P.SIVASUBRAMANIAM
The court also noted the gravity of the alleged misconduct but ordered the petitioner to be reinstated in service and kept under ... proceedings, the violation of principles of natural justice, the availability of alternative remedies, and the gravity of the alleged misconduct ... curtail misconduct. ... On 5.9.2001 a letter was addressed to the petitioner expressing the intention of the competent authority to hold an enquiry and that Dr.Mariappan was appointed as Enquiry Officer. On 11.9.2000 the petitioner has stated t....
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