Service Law – Dismissal Without Inquiry – Article 311(2) Proviso (b) – Rule 14(ii), Railway Servants (D&A) Rules – Impracticability of Inquiry – Assault on Railway Officer at Station – Delinquent employees accused of conspiring to assault a senior officer (DME) on his retirement day at railway station – Disciplinary authority invoked Rule 14(ii) citing...
Military Law – General Court Martial – Rule 34 of Army Rules – Mandatory Nature – Respondent charged under Army Act and tried by General Court Martial within less than 96 hours from being informed of charges – Supreme Court held that the 96-hour interval stipulated in Rule 34 is mandatory, not directory – Purpose is to ensure fair opportunity to the accused for ...
Seniority—Clarification—Article 309—1966 Recruitment Rules vs. Para 206 P&T Manual—Final Judgments Protected – Application for clarification by promotee engineers after conflicting rulings on TES Class-II seniority—Held: While Union of India v. Madras Telephones SC/ST S.W. Assn., (1997) 10 SCC 226 lays down correct law that statutory 1966 Rules supersede par...
Service Law - Constitutional Validity – Reservation in Promotion – Articles 16(4A) and 16(4B) – Amendments Upheld – The constitutional amendments enabling reservation in promotions and allowing carry-forward of unfilled vacancies were challenged as violative of equality and basic structure – Held: The 77th, 81st, 82nd, and 85th Amendments do not violate the basic stru...
Service Law - Absorption And Regularisation - Statutory Canteen – Status of Employees – Section 46, Factories Act, 1948 – Absorption Denied – Canteen workers employed through contractor in refinery canteen claimed absorption as IOC employees – Single Judge allowed claim holding canteen is statutory and workers are employees of management – Division Bench reverse...
Service Law – Pensionary Benefits – Retirement/Death Gratuity – Fixing of Cut-off Date – Validity – Central and State Governments merged part of DA into basic pay and enhanced gratuity ceiling by O.M. dated 14.07.1995 (Punjab Govt. order dated 13.12.1996), applicable only to employees retiring/dying on or after 01.04.1995 – Employees retiring between 01.07.1993 ...
Service Law – Promotion – Disability – Section 47(2) of Persons with Disabilities Act – Colour Perception – Medical Standards – Denial of Promotion Not Discriminatory – Respondent, an employee in the Research Designs and Standards Organisation (RDSO), was denied promotion to the post of Chief Research Assistant for not possessing B1 medical fitness, which ...
Service Law – Deputation – Absorption – Advance Increment – Deputationists from State Government absorbed into FCI challenged denial of one advance increment granted to similarly placed Central Government employees – High Court allowed the claim – Supreme Court upheld High Court’s view – Held: Once absorbed, both Central and State deputationists were...
Service Law – Departmental Proceedings – Unauthorized Absence – Respondent, a Coal India executive, remained absent for over six months without authorization – Admitted charges during disciplinary proceedings – Enquiry held validly under Rule 29 of Conduct Rules – Respondent removed from service after issuance of second show-cause notice – High Court set a...
Service Law – Correction of Date of Birth – School Records Prevail Over Horoscope – Respondent challenged adverse entry in service record changing date of birth from 01.10.1934 to 25.11.1931 – Trial Court upheld disciplinary authority’s finding based on school records – Appellate Court wrongly gave primacy to horoscope and reversed the decision – Held: Sch...