Bringing you the Best Analytical Legal News
The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.
The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.
The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.
The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.
The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.
Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.