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S. Prithvipal Singh Dharam Singh Hanspal Vs. United Commercial Bank

Court : Mumbai

Reported in : 2002(6)BomCR785; (2002)3BOMLR383; (2003)IILLJ87Bom

..... the main contention advanced by the learned advocate for the petitioner is that there has been non-compliance of clause 6(5) of the conduct, discipline and appeal regulations, 1976, of officer employees (hereinafter referred to as the said regulations). ..... advocate for the petitioner, the petitioner was sending information in the prescribed forms which relate to the advances not within the powers of the bank manager for which sanction is required from the divisional office as also advances which are within the powers of the manager and as such only a false pretext has been put up by taking plea that the petitioner did not know the exact powers of the post ..... there are various allegations against the petitioner including unauthorisedly making advances without any sanction beyond his powers and without sanction of the divisional office; granting of overdrafts to various parties beyond limit; granting of overdrafts in some cases on the date of opening of account itself; granting advances without obtaining credit reports on borrowers; granting transport advances to the persons who did not ..... suffice to say that with reference to annexure a, the petitioner has stated in respect of a number of transactions that the proposals were sent to the divisional office and since no information was received from the divisional office, it was presumed that the same were sanctioned and as such the petitioner sanctioned the said advances. .....

Diwakar Pundlikrao Satpute Vs. Zilla Parishad and ors.

Court : Mumbai

Reported in : 2004(2)ALLMR404; 2004(3)MhLj151

..... parishad, thereby, treating the period of 182 days, between 1-10-1984 and 31-3-1985, as unauthorised absence and the order dated 25-2-2000, passed by the chief executive officer, granting ex-post-facto sanction, to the order passed by the block education officer, are hereby quashed and set aside and the respondents are directed to regularise the said period of absence and grant all consequential benefits to the petitioner.ii) the order dated 27-2-1986 issued ..... 24-3-1986, by which the absence of the petitioner for the period 1-10-1984 to 31-3-1985 was treated as unauthorised absence and the order passed by the chief executive officer, zilla parishad dated 25-2-2000, granting ex-post facto sanction to the aforesaid order, issued by block education officer, the order dated 27-2-1986 issued by the block education officer, thereby imposing penalty of stopping of two increments of the petitioner and the order dated 6-11-1985, issued by block education ..... the order dated 24-3-1986, by which the aforesaid period of 182 days, has been treated, as unauthorised absence and the order dated 25-2-2000, by which the respondent chief executive officer, has granted ex-post-facto sanction, are therefore, not sustainable in the eye of law and liable to be quashed and set aside.18. ..... 20/- was imposed, by the block education officer, is clearly without authority of law for want of such punishment having not been provided, under the discipline and appeal rules, applicable to the zilla parishad employees. .....

Choughule Popatrao Annasaheb Vs. the Managing Director, the Maharashtr ...

Court : Mumbai

Reported in : (2002)104BOMLR429

..... the evidence of witnesses and subject them to cross-examination by him, (b) the so-called inquiry report was submitted without holding any proceedings and therefore, there was no occasion to evaluate evidence to be brought before the enquiry officer in support of the charges as well as innocence of the petitioner, (c) the principles of natural justice were violated and the disciplinary authority did not consider these aspects, (d) when the petitioner had applied for withdrawal of ..... patil.at the first instance the enquiry officer was not justified in doing the same and secondly, it was illegal on the part of the employer to accept such findings against an employee who was not proceeded against under the discipline and appeal ..... he had questioned the findings of the enquiry officer on various grounds including the ground that the enquiry officer did not conduct any inquiry proceedings and the inquiry report was submitted without giving any opportunity to him either to cross-examine or examine the witnesses either in support of the charges or in defence of his ..... the petition is, therefore, heard afresh by us.the enquiry officer has recorded a finding that the petitioner was guilty of causing loss to the extent of ..... on overall assessment of the findings recorded by the enquiry officer, we are satisfied that the petitioner has guilty of the charges levelled against ..... it has also come in evidence before the enquiry officer that the suppliers of cotton were not farmers and they were some .....

Uderaj Boduram Vs. Clement Griffith Hall

Court : Mumbai

Reported in : AIR1932Bom432; (1932)34BOMLR843

..... railway company is in bombay, the pay-sheets of the employees are drawn up in bombay, and payment must real-ly be deemed to be made to the insolvent in bombay, though for the sake of facility and the convenience of its servants payment is actually made by the railway company to its servants at ..... i can produce the evidence from my office showing that 1 have come to bombay very often in the course of my duties.he has given no particulars as to when he was in bombay and for what particular purpose. ..... with regard to payment the learned judge says that the head office of the g.i.p. .....

Maharashtra Power Development Corporation Ltd. Vs. Dabhol Power Compan ...

Court : Mumbai

Reported in : (2005)4CompLJ50(Bom)

..... claims: (a) prior to and after the first closing effective date, ge and bechtel shall use commercially reasonable efforts to cause dpc to provide a general release in favour of enron and its affiliates and their respective directors, officers, employees and representatives of claims of dpc relating to or arising out of enron's and its affiliates' ownership of dpc or involvement with the project, in exchange for a like release (excluding the claims referred to in section 5.02(c)) of dpc from enron and ..... a, the board shall have no discretion to refuse to approve registration of any transfer of shares if-5.4.1 a share transfer form (duly executed and stamped) together with the share certificate(s) relating to the share(s) to be transferred is delivered to the registered office of the company accompanied by a request for registration;5.4.2 to the knowledge of the board having made reasonable enquiry, as evidenced by a vote of two-thirds of its members, the transfer or complies with the provisions of the article 5; and5.4.3 all .....

Khandu Krishna Bhogade Vs. Kalyani Steel Ltd. and Others

Court : Mumbai

Reported in : [1995(70)FLR159]; (1995)IILLJ314Bom

..... has no force as it is by now well settled law that, as long as no bias can be imputed to the enquiry officer, the fact whether he was paid professional or a whole time employee of the employer, does not affect the validity of the enquiry held by him. 7. ms. ..... , the attempt on the party of the unionised section of workmen to coerce the non-striking workmen to abstain from work and join the strike, by assaulting some workmen travelling by bicycle and some officers and trainees of the company, travelling by car, at places within a short distance of the main gate of the factory of the first respondent. 5. ..... in the face of this clear finding that the findings of the enquiry officer were proper and not liable to be interfered with, it is not open to this court, in writ jurisdiction, to consider whether the charge ..... along with some other co-workmen had stopped a car in which some officers and trainees were travelling, near kavade vasti, and assaulted them, causing ..... that the enquiry was bad because the enquiry officer was a paid professional who held the enquiry ..... the enquiry officer made a finding that the petitioner was guilty of the misconduct alleged against him and the respondent, after considering all relevant circumstances including the past record of the petitioner, ..... and validity of the domestic enquiry in the first instance, and, by preliminary orders made on different dates in each reference, held the enquiry to be legal and valid and the finding of the enquiry officer to be proper. .....

Gustavo Renato De Cruz Pinto Vs. State of Goa and ors.

Court : Mumbai

Reported in : 1988(2)BomCR553

..... ground that the establishment of steel plant naturally postulates the construction of residential quarters for the workers to be employed in the plant and they would also need shopping area, school for children of the employees, playground, hospital, other facilities like post office banks, clubs, parks and, therefore, the part of the land utilized for civil township was held not to affect the validity of the acquisition of the land. ..... chief minister on 15th january, 1981, complained about the setting up of the building of the food craft institute would spoil the aesthetic beauty and environment of the area, the authorities concerned including the officer of the chief town planner wavered in the matter of location of the project of the building of the food craft insitute. ..... in the matter were stated on account of telegraphic order from the state government, dated 25th october, 1967, and the land acquisition officer was directed by the government to drop the acquisition proceedings with respect to a particular survey number. ..... land acquisition officer and other, the ratio in gulam mustafa's case was followed in mangal oram's case : [1977]2scr666 where the supreme court clearly ruled :-'there is no principle of law by which a valid compulsory acquisition ..... land acquisition officer and others, the division bench held relying upon the observations of gulam mustafa's case that compulsory acquisition cannot be voided because long after the requiring authority diverts it to another public .....

Shankar Sadhuji Khedikar Vs. Maharashtra State Road Transport Corporat ...

Court : Mumbai

Reported in : (1994)IIILLJ361Bom

..... under section 28(1), where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any investigating officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the court competent to deal with such complaint either under section 5, or as the case may be, under section 7, of the act, .....

Ganesh V.N. Panvelcar and ors. Vs. Gram Panchayat of Verem-betim-reis ...

Court : Mumbai

Reported in : 1987(3)BomCR98

..... regulation 56(1) also creates a bar for action against any member, officer, employee or agent of the panchayat in respect anything done in good faith under the regulation. ..... the application set out that as a result of the fresh elections of the panchayat held on december 14, 1986, the panchayat has a new composition of members and as the new members have assumed office, the panchayat would like to consider the case of the petitioners and therefore the hearing should be adjourned at least for two weeks. .....

Maharashtra State Handicapped Employees'/Officers' Association Vs. the ...

Court : Mumbai

..... the ceo of zilla parishad, nashik has issued the above order on the basis of the government resolution dated 4 june 2001, which provides for special traveling allowance to the disabled government employee for the purpose of travel between the place of duty and the place of his residence belonging to following categories:- (a) orthopedically handicapped with 40% or 505 permanent partial disability of both ..... accordingly this writ petition is allowed in the following terms:- (i) for the purpose of determining eligibility of special traveling allowance to the blind employee, the respondents shall follow the definition of blindness as contained in section 2(b) of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, as may ..... decision of the supreme court, we are inclined to allow the petition in so far as zilla parishad has sought to make recovery of the special traveling allowances from employees who were treated as disabled persons by the zilla parishad, at the relevant time. 10. ..... of vision of both the eyes less than 3/60 or having field vision less than 10 degree, the state government has taken away benefits of special traveling allowance to those employees, who fall within the broader definition of blindness under the act of parliament. ..... hunch back disability more than 40% permanent partial disability certified by the orthopedic officer (class-i) of government hospital. ..... dated 17 june 2011 issued by the chief executive officer. .....