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1 - 10 of 29 (0.75 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Indian Evidence Act, 1872
Sindhu Education Society And Ors. vs Kacharu Jairam Khobragade And Ors. on 6 August, 1993
In Sindhu Education Society v. Kacharu Jairam Khobragade (1995)
ILLJ 451 Bom, the school terminated the watchman without an inquiry on
the ground of loss of confidence as the watchman was indulging in nefarious
activities in the school. The termination without an inquiry was upheld by
the Bombay High Court.
Sanjiv Kumar Mahapatra vs A.L. Alaspurkar And Anr. on 18 September, 2002
In Sanjiv Kumar Mahapatra v. A.L. Alaspurkar 2003 (1) ALLMR
534, the employer terminated the services of the driver who threatened the
Director's wife. The Division Bench of Bombay High Court upheld the
termination on the ground of loss of confidence without an inquiry. The
Division Bench held that in such cases, the employer was not bound to hold
any inquiry to visit the employee with penal action even if such reason
happens to be misconduct of the employee. The Division Bench has further
observed that it is only the absence of such reason and not mere failure to
hold inquiry that would render such discharge mala fide or an act in
colourable exercise of power raising an inference of victimisation. In such
matters, no risk of any nature can be taken and in my opinion, the
respondents have rightly not taken any risk. Poison can never be tasted and
the respondent company rightly did not want to taste the poison in the mind
of the driver. It is not that the post of cashier or some such post alone is the
post of confidence. A cashier might commit a fraud and might
misappropriate money from the coffers of the company but he will not take
away the life of the people. The post of driver is a post of more confidence
W.P.(C) 6279/2011 Page 11 of 19
than the post of a cashier. The life of a passenger sitting in the vehicle is in
the hands of the driver who is holding the wheel.
All India Institute Of Medical Sciences vs O.P. Chauhan And Ors. on 20 December, 2006
In All India Institute of Medical Sciences vs. O.P. Chauhan, 2007
LLR 435 (Del HC), the termination of a Lab Assistant involved in theft of
chemicals/equipments from the laboratory without any inquiry was upheld
by this Court.
National Institute Of Mental Health And ... vs Sri G Suggappa on 19 December, 2013
In National Institute of Mental Health & Neuro Sciences v. Sri G.
Suggappa, W.P. No.66/2013 dated 19th December, 2013 passed by
Karnataka High Court, the driver was accused of an offence under Section
302/201 read with Section 34 IPC in which he was acquitted after trial.
However, the driver was held guilty of the charges in the disciplinary
proceedings and was terminated from service. The Labour Court directed
reinstatement with back wages. The Karnataka High Court held that there
cannot be no reinstatement in cases of loss of confidence and compensation
can be awarded.