Service Law - Disciplinary Proceedings – Continuation after Superannuation – Regulation 20(3)(iii), Punjab National Bank Service Regulations – Validity Affirmed – Disciplinary proceedings initiated before retirement can continue after superannuation by virtue of legal fiction under Regulation 20(3)(iii) – Employee deemed to be in service until conclusion of proceeding...
Land Acquisition – Section 6(2) and Section 11A, Land Acquisition Act, 1894 – Declaration and award – All three modes of publication under Section 6(2) are mandatory and cumulative – Limitation for making award under Section 11A to be computed from the last of such publications – Award made beyond two years from 25.07.1985 (the admitted last date of publication) &ndas...
Public Interest Litigation – Appointment and Continuation of Police Officer – Challenge to appointment of Director General of Police, Gujarat, on the ground of alleged misconduct and failure during the 2002 communal riots – Allegation that his continuation would impede justice in riot-related prosecutions – State contended that review of all 2020 riot cases had been complet...
Judicial Discipline – Bail order by judicial officer – Complaint of corruption unsubstantiated – Enquiry Judge disbelieved allegation of illegal gratification but still held charges of granting bail on insufficient grounds proved – Held: Passing a bail order in exercise of judicial discretion cannot ipso facto lead to disciplinary proceedings unless actuated by malice, bias...
Disability Pension – Schizophrenia – Pension Regulations, 1961 – Regulation 173 and Appendix II – Medical Board opined illness not attributable to military service – Held: High Court erred in granting pension merely because no disease was recorded at time of enrolment – Clause 7(c) requires proof that conditions of military service determined or contributed to t...
Arbitration – Default in Appointment of Arbitrator – Section 11(6) of Arbitration Act – Power of Court to Appoint – Respondent issued notices under Section 11 seeking appointment of arbitrator; Appellant failed to appoint within 30 days – Respondent filed petition under Section 11(6) before Delhi High Court – Appointment of arbitrator by appellant after filing o...
Army Service – Discharge under Rule 13 – Section 22 vs. Section 20 of Army Act – Validity of Discharge – Appellant, found guilty of misconduct during court of inquiry, was discharged by competent authority citing Section 20 – It was contended that punishment could only be imposed after court-martial under Section 63 – Held: Discharge order valid under Section 22...
Service Law – Seniority – Retrospective Promotion – Legality – Held: Promotees cannot claim seniority from a date prior to their actual appointment to the cadre. Appellants, who were promoted as Assistant Conservator of Forests (ACFs) in 2002, were retrospectively given seniority from 1994. Respondents, appointed directly in 1996, challenged this retrospective promotion. Su...
Service Law – Retrospective Reservation for Women – Validity of Rule 22A Amendment – Upheld – Appellants challenged the application of G.O. Ms. No. 928 dated 6.10.1995 and G.O. dated 28.5.1996 which enhanced reservation for women to 30% and 33⅓% respectively – Held: Government has power under Article 309 to frame rules with retrospective effect – Rule 22A as a...
Labour Law – Termination without complying with Section 25F – Reinstatement with back wages not automatic – Relief modified – Respondent, a daily wage worker employed at Madhya Pradesh Bhawan, was terminated without following Section 25F – Industrial Tribunal awarded compensation; however, High Court directed reinstatement with full back wages – Held: In light o...