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    <title>2006 (5) TMI 473 - Supreme Court</title>
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    <description>Executive notifications could not override the statutory scheme governing University service conditions, disciplinary action and cessation of employment. They could supplement the Act and statutes only where the rules were silent, but they could not create a new penalty, a deemed abandonment of service, or authority in the Vice Chancellor to terminate an employee on that basis. The impugned action was also invalid because the matter was shifted from alleged misconduct to abandonment without a proper disciplinary process, the competent authority had not acted within jurisdiction, and the procedure was unfair and contrary to natural justice. A later post-decisional hearing and Executive Council approval did not cure the original defect.</description>
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      <link>https://www.taxtmi.com/caselaws?id=169306</link>
      <description>Executive notifications could not override the statutory scheme governing University service conditions, disciplinary action and cessation of employment. They could supplement the Act and statutes only where the rules were silent, but they could not create a new penalty, a deemed abandonment of service, or authority in the Vice Chancellor to terminate an employee on that basis. The impugned action was also invalid because the matter was shifted from alleged misconduct to abandonment without a proper disciplinary process, the competent authority had not acted within jurisdiction, and the procedure was unfair and contrary to natural justice. A later post-decisional hearing and Executive Council approval did not cure the original defect.</description>
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