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...
Service Law - Termination of workmen convicted of criminal assault – Probation of Offenders Act – Section 12 – Scope – Conviction not wiped out – Workmen convicted for assault released on probation – High Court held service career should not be affected – Held: Section 12 removes only statutory disqualifications under other laws (e.g., election or office d...
Public Interest Litigation – Service Matters – Writ of Quo Warranto – Not Maintainable - PIL filed to challenge appointment of Audit Inspector on ground of invalid Scheduled Caste certificate obtained through marriage – Held: PILs are not maintainable in service matters, particularly where allegations stem from personal vendetta – High Court erred in entertaining such...
Mandamus – Hire-Purchase vs. Lease of Mandi Shops – No Legal Right – Traders sought writ for allotment of shops/godowns on hire-purchase basis instead of lease – Held: No statutory duty imposed on Mandi Samiti/Parishad to transfer properties on hire-purchase basis – Letter of Director had no binding authority without Board approval – Mandamus cannot be issued ab...
Arbitration – Section 11(6), Arbitration and Conciliation Act, 1996 – Existence of Live Dispute – Appointment of Arbitrator Upheld – Dispute regarding transfer of 1.20 lakh sq.ft. FSI under Joint Development Agreement (1994) alleged to have been settled by subsequent MoU (2005) – Respondent repudiated MoU and invoked arbitration – Held: Issue regarding additiona...
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...
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...
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...
Pre-emption Suit – Non-impleadment of Necessary Party – Decree set aside – Section 21 of Punjab Pre-emption Act – Article 300A of Constitution – Property rights violated - A decree of pre-emption was passed without impleading the appellant who had purchased the property through a registered sale deed and was in possession – Held: Appellant was a necessary party ...
PIL - Section 158(6), Motor Vehicles Act – Mandatory compliance by police – Directions issued to ensure prompt forwarding of accident reports to Claims Tribunals and insurers.
Motor Accident Claims – Compliance with Section 158(6) MV Act – Mandatory Reporting by Police – Non-compliance addressed – Section 158(6) imposes a statutory duty on the police to repor...