Service Law – Suspension – Rule 10(2) CCS (CCA) Rules – Deemed Suspension – Validity – Employee detained beyond 48 hours deemed suspended by operation of law – Delhi High Court held such deemed suspension ends on release from detention – Held: Unsustainable – Rule 10(5)(a) & 10(5)(c) make clear that suspension, whether made or deemed, continues u...
Service Law – Dismissal without Enquiry – Appeal Partly Allowed – Probationary employee dismissed for alleged assault and misconduct – enquiry dispensed with under Rule 30 citing impracticability – Delhi High Court quashed dismissal holding reasons mala fide – Supreme Court held High Court erred in finding mala fides without specific pleadings or impleadment &nd...
Recruitment to Primary Teacher Posts – Eligibility of B.Ed. Candidates – Appeal Dismissed – Advertisement required Teacher Training Certificate (TTC) as qualification – B.Ed. candidates claimed equivalence or higher qualification and relied on past practice of their appointment – Supreme Court held B.Ed. not prescribed in advertisement, nor equivalent to TTC – B...
Service Law - Departmental and Criminal Proceedings – Double Jeopardy – Article 20(2) of the Constitution – Appeal Allowed – Respondent, a bus driver, was penalised departmentally with reduction in pay for rash and negligent driving that caused a fatal accident and financial loss to the department – Subsequently, upon conviction under Section 304A IPC, he was dismisse...
Service Law – Writ - Seniority – OAS Class II – Validity of “year of allotment” principle – Constitutionality of Section 2 of 1992 Validation Amendment Act upheld – Held: “Year of allotment” is a settled rule of seniority through long-standing practice, recognised by 1959 Rules and earlier judicial pronouncements; cannot be unsettled unless unw...
Service Law – Inter se Seniority – Haryana Judicial Service – Seniority to be determined on basis of merit position in select list and not on date of joining – Rules of 1951 emphasize merit – Long-standing practice of Punjab & Haryana High Court to follow merit upheld – Seniority not a fundamental right but a civil right [Paras 23–24, 48–49].
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Service Law – Promotion – Clause 3(a) Army Order – FIR Does Not Constitute Prosecution – Promotion Withheld Illegally – Petitioner promoted as JCO via order dated 25.05.2022 – Promotion not implemented citing pending FIR and Clause 3(a) of Army Order – Held: Mere registration of FIR without charge-sheet or cognizance by court does not amount to prosecution...
Service Law – Disciplinary proceedings – Unauthorised absence – Constable dismissed after repeated absence without intimation – Contention that subsequent order treating absence as “leave without pay” condoned misconduct – Held: No condonation – Regularisation after dismissal made only for maintaining service record – Does not invalidate dismis...
Service Law – Adverse Remarks in ACR – Judicial Review – Appellant, a police officer, challenged adverse remarks in his ACR for 2019–2020 describing him as “Not Reliable” and “Doubtful Honesty” – Trial court decreed suit for expungement, but first appellate court reversed decree – High Court upheld appellate judgment – Held: Adverse...
Service Law - Disability Pension – Attributability to military service – Regulation 53, Pension Regulations – Respondent, a Colonel in Army, retired on superannuation – Claimed disability pension for 60% disability (heart disease 40% and glaucoma 20%) – Medical Board held diseases constitutional, not attributable to or aggravated by military service – Held: Regu...