<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2006 (4) TMI 492 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=166233</link>
    <description>In disciplinary proceedings, a procedural lapse arises where the disciplinary authority differs from the enquiry officer on a charge without giving the employee a limited opportunity to respond, but that defect affects the punishment only on proof of real prejudice. Non-furnishing of the enquiry report did not by itself invalidate the order because the punishment predated the later rule on supply of the report. Mere delay in initiating action did not vitiate the enquiry absent shown prejudice, and no condonation of misconduct was established from lapse of time or related criminal proceedings. The punishment of removal from service was upheld because the proved misconduct involved repeated insubordination and disruption, and it was not shockingly disproportionate.</description>
    <language>en-us</language>
    <pubDate>Fri, 28 Apr 2006 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 02 Sep 2014 12:27:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=364329" rel="self" type="application/rss+xml"/>
    <item>
      <title>2006 (4) TMI 492 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=166233</link>
      <description>In disciplinary proceedings, a procedural lapse arises where the disciplinary authority differs from the enquiry officer on a charge without giving the employee a limited opportunity to respond, but that defect affects the punishment only on proof of real prejudice. Non-furnishing of the enquiry report did not by itself invalidate the order because the punishment predated the later rule on supply of the report. Mere delay in initiating action did not vitiate the enquiry absent shown prejudice, and no condonation of misconduct was established from lapse of time or related criminal proceedings. The punishment of removal from service was upheld because the proved misconduct involved repeated insubordination and disruption, and it was not shockingly disproportionate.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 28 Apr 2006 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=166233</guid>
    </item>
  </channel>
</rss>