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    <title>2006 (4) TMI 570 - Supreme Court</title>
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    <description>Disciplinary findings based on doubtful circumstantial material, without direct evidence linking the employee to the alleged antedating, could not be sustained in judicial review. The appellate and memorial authorities were also required to examine the correctness of the procedure, the justification for the findings, and the adequacy of the penalty; a bare affirmation of removal showed non-application of mind. An inter partes civil court decree finding the cover note valid and not antedated was a relevant subsequent circumstance that could not be ignored, although it did not itself reverse the departmental enquiry. The removal was set aside, with reinstatement, continuity of service, and 50% back wages.</description>
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    <pubDate>Wed, 05 Apr 2006 00:00:00 +0530</pubDate>
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      <title>2006 (4) TMI 570 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=289359</link>
      <description>Disciplinary findings based on doubtful circumstantial material, without direct evidence linking the employee to the alleged antedating, could not be sustained in judicial review. The appellate and memorial authorities were also required to examine the correctness of the procedure, the justification for the findings, and the adequacy of the penalty; a bare affirmation of removal showed non-application of mind. An inter partes civil court decree finding the cover note valid and not antedated was a relevant subsequent circumstance that could not be ignored, although it did not itself reverse the departmental enquiry. The removal was set aside, with reinstatement, continuity of service, and 50% back wages.</description>
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