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    <title>2012 (12) TMI 578 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=219563</link>
    <description>Rule 8 permitted discharge of a directly recruited Judicial Member during probation without reasons, and Rule 9(2) requiring one month&#039;s notice applied only after the prescribed probationary period had run without confirmation, so the notice safeguard was not a general probation rule. The discharge was nevertheless struck down because it was founded on adverse incident and complaint material, not a neutral assessment of suitability, and the record showed no prior communication of deficiencies before the confirmation process had been initiated. On those facts, the order was held stigmatic, punitive, arbitrary and a colourable exercise of power in breach of Article 14, and reinstatement with full back wages and consequential benefits followed.</description>
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    <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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      <title>2012 (12) TMI 578 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=219563</link>
      <description>Rule 8 permitted discharge of a directly recruited Judicial Member during probation without reasons, and Rule 9(2) requiring one month&#039;s notice applied only after the prescribed probationary period had run without confirmation, so the notice safeguard was not a general probation rule. The discharge was nevertheless struck down because it was founded on adverse incident and complaint material, not a neutral assessment of suitability, and the record showed no prior communication of deficiencies before the confirmation process had been initiated. On those facts, the order was held stigmatic, punitive, arbitrary and a colourable exercise of power in breach of Article 14, and reinstatement with full back wages and consequential benefits followed.</description>
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      <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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