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Naresh N Panchal vs M/O Communications on 20 August, 2025 cites

Sunny Abraham vs Union Of India on 17 December, 2021

12. During course of arguments, learned counsel has placed reliance on the judgment of Hon'ble Supreme Court in the case of Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Hemant Anant 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c 7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960 Sunny Abraham vs. Union of India and another, reported in Mahabal 724113109, CN=Hemant Anant Mahabal Reason: I am the author of this document Location:
Supreme Court of India Cites 12 - Cited by 15 - A Bose - Full Document

Union Of India & Ors vs B.V.Gopinath on 5 September, 2013

26. At this stage, we are reminded of the Latin phrase stare decisis et non queta movere meaning, stand by what has been decided and do not disturb what has been settled. While it is true that courts are not restrained by any principle of law from expressing a different view on a point of law or to distinguish precedents (a topic we wish to advert to briefly a little later), stare decisis need not be disregarded to unsettle settled positions. We would read these precedents (referred to in paragraphs 21 to 25, supra) as settling the law that unless the relevant discipline and appeal rules applicable to an officer/employee of an authority within the meaning of Article 12 of the Constitution so require, disciplinary proceedings by issuance of a charge-sheet cannot be faulted solely on the ground that either the Appointing Authority or the Disciplinary Authority has not issued the same or approved it. These precedents have stood the test of time and having full application to the case at hand, could not have been lightly overlooked. A holistic consideration of all these precedents by the High Court was certainly the need of the hour. Thavasippan (supra) had considered the precedents in Shardul Singh (supra), P. V. Srinivasa Sastry (supra) and A. Radhakrishna Moorthy (supra) and P. V. Srinivasa Sastry (supra) was placed before the coordinate Bench in B.V. Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Hemant Anant 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c 7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Gopinath (supra). We are anchored in a belief that had the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960 Mahabal 724113109, CN=Hemant Anant Mahabal Reason: I am the author of this document Location:
Supreme Court of India Cites 24 - Cited by 278 - M Y Eqbal - Full Document

State Of Madhya Pradesh & Ors vs Shardul Singh on 2 December, 1959

26. At this stage, we are reminded of the Latin phrase stare decisis et non queta movere meaning, stand by what has been decided and do not disturb what has been settled. While it is true that courts are not restrained by any principle of law from expressing a different view on a point of law or to distinguish precedents (a topic we wish to advert to briefly a little later), stare decisis need not be disregarded to unsettle settled positions. We would read these precedents (referred to in paragraphs 21 to 25, supra) as settling the law that unless the relevant discipline and appeal rules applicable to an officer/employee of an authority within the meaning of Article 12 of the Constitution so require, disciplinary proceedings by issuance of a charge-sheet cannot be faulted solely on the ground that either the Appointing Authority or the Disciplinary Authority has not issued the same or approved it. These precedents have stood the test of time and having full application to the case at hand, could not have been lightly overlooked. A holistic consideration of all these precedents by the High Court was certainly the need of the hour. Thavasippan (supra) had considered the precedents in Shardul Singh (supra), P. V. Srinivasa Sastry (supra) and A. Radhakrishna Moorthy (supra) and P. V. Srinivasa Sastry (supra) was placed before the coordinate Bench in B.V. Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Hemant Anant 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c 7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Gopinath (supra). We are anchored in a belief that had the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960 Mahabal 724113109, CN=Hemant Anant Mahabal Reason: I am the author of this document Location:
Supreme Court of India Cites 15 - Cited by 68 - Full Document
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