Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...
Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportuni...
Service Law - Validation of Degrees - Distance Education - Special Examination- AICTE Special Examination – Petition under Article 309 challenging the denial of benefits based on an engineering degree obtained through distance education – Held: The Supreme Court ordered the suspension of engineering degrees for students enrolled during 2001-2005 but did not declare these degrees illega...
Criminal Procedure - Quashing of Complaint - Limitation Period - Insecticides Act - Petition for quashing complaint for misbranded insecticide—Complaint filed after limitation period of three years—Sample drawn on 13.07.2012, analyst report dated 30.07.2012—Application for sanction submitted on 13.08.2015, sanction granted on 01.11.2017—Complaint filed on 05.01.2018—H...
Land Law - Common Purposes Land - Ownership and Control - Implementation of Supreme Court Judgment - Executive instructions issued by Punjab and Haryana, pursuant to the Supreme Court decision in State of Haryana v. Jai Singh and others, sought to transfer ownership of lands reserved for common purposes to Panchayats or Municipalities—Instructions quashed as they contravened statutory scheme...
Service Law - Deputation - Requirement of Consent - Tripartite Agreement - Petition challenging deputation order directing petitioner to join as Private Secretary in the office of Lokayukta, Haryana—Deputation requires a tripartite agreement involving the parent department, borrowing authority, and the deputationist—Petitioner did not express willingness to proceed on deputation—...
Arbitration - Objections to Award - Limitation Period - Section 34(3) - No Condonation Beyond Specified Period– Appeal against dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as time-barred – Held: Section 34(3) prescribes a limitation period of three months from the receipt of the arbitral award, extendable by a further 30 days if sufficient cau...
Constitutional Law - Writ Petition - Suppression of Material Facts - Criminal Antecedents - Petition seeking quashing of verbal orders not to report for duty and preventing replacement by another contractual employee—Petitioner failed to disclose involvement in a criminal case (FIR No. 178 dated 30.03.2017 under Sections 306, 420, and 406 IPC) and custody from 06.04.2017 to 13.09.2017—...
Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...
Land Law - Eviction - Evidence of Ownership and Possession – Held, the Gram Panchayat failed to establish through relevant revenue entries that the disputed land belonged to it. The authorities below did not call for cogent evidence of valid possession by the Gram Panchayat, leading to arbitrary and slipshod eviction orders. The impugned orders are quashed, and the petition is accepted. [Par...