Service Law – Inter-Collectorate Transfer – Seniority vs. Eligibility – Transferees not entitled to promotion consideration outside zone of seniority – Respondents transferred as LDCs from one Collectorate to another on compassionate grounds in 1992 – As per Government policy (1980), such transferees placed at bottom of seniority in new Collectorate – CAT and Hi...
Advocates – Professional Misconduct – Practising During Suspension – Respondent-advocate suspended for 3 years for earlier misconduct – Continued to practise under the alias “P.S. Madan” during suspension period and appeared in multiple cases – Held: Such conduct is a grave violation of the Bar Council's orders and amounts to clear professional miscond...
Service Law – Departmental Proceedings – Smuggling Allegation – Delay in Initiation – Respondent, an Intelligence Bureau officer, was dismissed from service on grounds of unauthorized border visit and alleged complicity in smuggling activities – Customs proceedings dropped charges and criminal court acquitted him of conspiracy and other offences – Department ini...
Service Law – Departmental Proceedings – Quasi-Judicial Nature – Procedural Fairness – Railway employee found guilty in a disciplinary inquiry for overcharging ₹5 from a decoy passenger during a pre-arranged trap – Tribunal set aside punishment on grounds of violation of Rule 9(21) and non-compliance with Vigilance Manual (Paras 704 and 705) – High Court rever...
Military Law – General Court Martial – Validity of Convening Authority – Section 109 of the Army Act – Appellant challenged jurisdiction of GCM alleging it was not convened by competent authority – Held: Warrant issued by Chief of Army Staff empowering field officers to convene GCM was valid – Convening order issued by Major General commanding 16 Corps was lawfu...
Service Law – Educational Qualification – Validity of Appointment – Appellant appointed as Assistant Teacher in 1988 on basis of B.Ed. degree from Maithili Vishwa Vidyapeeth, not recognized under UGC Act – Institution later directed appellant to acquire valid B.Ed. from recognized university, which he did after appointment – Held: Essential qualification must be posse...
Labour Law – Retrenchment – Continuous Service – U.P. Industrial Disputes Act – Distinction from Central Act – Workmen alleged retrenchment without compliance with Section 6N of U.P. Act – Industrial Tribunal relied only on preceding 12 months’ attendance to hold workmen had not completed 240 days – High Court held Tribunal erred in ignoring broader ...
Contempt of Court – Civil Contempt – Alleged violation of orders dated 07.03.2006 and 09.03.2007 – Petitioners alleged UPPSC suppressed facts, shifted stands and refused to disclose marks and cut-off – Respondents (Chairman and Secretary of UPPSC, and State) filed affidavits explaining compliance steps, production of merit lists and reasons for non-recommendation – Te...
Service Law – Departmental Proceedings – Finality of Orders – Appellant dismissed by Revenue Secretary – Revenue Minister noted on file suggesting reversion instead of dismissal due to mitigating factors – Held: Mere internal noting or expression of opinion on a file does not constitute a binding order unless duly authenticated and communicated – Notings not exp...
Service Law – Trade Tax Officers – Limited Departmental Examination, 1987 – 97 posts withdrawn from UPPSC due to delays – Cabinet approved departmental selection – Appointments in 1987 described as ad hoc owing to interim High Court orders – Held: Government intended substantive appointments – 1987 appointees deemed substantively appointed from date of ini...