Service Law – Dismissal from Service – Misconduct – Regular Second Appeal challenging the Appellate Court’s decision that set aside the Trial Court’s judgment favoring the appellant and upheld his dismissal from service. The appellant, a Constable in the CRPF, was dismissed for misbehaving with a senior lady officer and being under the influence of liquor during duty ...
Service Law - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...
Service Law – Deputation – Requirement of Consent – Article 226 – Rule 11 of Haryana Lokayukta (Functions, Powers, Inquiry and Investigation) Rules, 2008 – Petitioner directed to join as Private Secretary on deputation basis – Deputation requires tripartite consent involving parent department, borrowing authority, and deputationist – Petitioner did not exp...
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—...
Land Law – Appointment of Lambardar – Procedural Defects in Proclamation – Articles 226 and 227 – Petitioner appointed as Lambardar without proper proclamation – Only three days allowed for filing applications – Procedural defect identified by Commissioner and Financial Commissioner – Directions for fresh proclamation with at least 15 days for submission o...
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...
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...
Administrative Law - Arms Licence Cancellation - Writ Petition Seeking Certiorari - Petition challenging orders cancelling arms licence retrospectively and dismissing appeal - Petitioner held arms licence since 2001 and was later convicted and released on probation - Licence cancelled due to conviction - Held, Licensing Authority must provide written reasons for suspension or revocation of licence...
Senior Citizens Act, 2007 - Section 23(1) - Constitutional validity - Challenge to the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section restricts the applicability of the provision only to gifts of property made by a senior citizen after the commencement of the Act - Petitioner seeks removal or striking down of the...