https://www.taxtmi.com/caselaws?id=156379 Where service rules allocate disciplinary power by grade and posting, the CMD of a subsidiary company may be competent to initiate proceedings against an executive, even if major penalties rest elsewhere. A de novo enquiry wipes out the earlier charge-sheet and requires fresh, valid initiation by the competent authority; revival on the old charge-sheet is invalid. Allegations of mala fides must rest on specific pleadings and cogent material, and a bare assertion of bias is insufficient. Back wages do not automatically follow setting aside of dismissal and depend on the facts and the outcome of the fresh enquiry, so immediate payment was rejected. en-us Wed, 06 Apr 2011 00:00:00 +0530 Thu, 19 Sep 2013 14:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156379 Where service rules allocate disciplinary power by grade and posting, the CMD of a subsidiary company may be competent to initiate proceedings against an executive, even if major penalties rest elsewhere. A de novo enquiry wipes out the earlier charge-sheet and requires fresh, valid initiation by the competent authority; revival on the old charge-sheet is invalid. Allegations of mala fides must rest on specific pleadings and cogent material, and a bare assertion of bias is insufficient. Back wages do not automatically follow setting aside of dismissal and depend on the facts and the outcome of the fresh enquiry, so immediate payment was rejected. Case-Laws Indian Laws Wed, 06 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156379