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Arvind T Mahyavanshi vs Central Board Of Excise & Custom on 10 April, 2026

In Upendra Singh case [(1994) 3 SCC 357 : 1994 SCC (L&S) 768 : (1994) 27 ATC 200] the charge was that he gave illegal and improper directions to the assessing officer in order to unduly favour the assessee. The case of K.S. Swaminathan [(1996) 11 SCC 498] was not where the respondent was acting in any quasi-judicial capacity. This Court said that at the stage of framing of the charge the statement of facts and the charge-sheet supplied are required to be looked into by the court to see whether they support the charge of the alleged misconduct.
Central Administrative Tribunal - Ahmedabad Cites 33 - Cited by 0 - Full Document

Y Veerapratap vs M/O Labour & Employment on 19 July, 2023

It is appropriate to refer to the judgment of the Hon'ble High Court of Bombay in the case of Satyendra Singh Gurjar vs Union of India & Ors. in Writ Petition No. 12403/2018 (DD: 20.12.2019), wherein it is held that mere negligence without ill motive/mala fide intent is not misconduct. In the background of the clear finding given by the inquiring authority that no mala fide intent is established, imposing the penalty of reduction to lower stage in time scale of pay for a period of 5 years and upon expiry of such period, the reduction will have the effect of postponing the future increments of his pay, is wholly perverse and cannot be sustained. On hyper-technicalities, based on presumptions and assumptions, no penalty can be imposed.
Central Administrative Tribunal - Bangalore Cites 9 - Cited by 0 - Full Document
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