Service Law – Disability during service – Protection under Section 47 of the Persons with Disabilities Act, 1995 – Invalid removal set aside – Appellant, a Constable in Special Service Bureau, suffered amputation of left leg during service and was declared permanently incapacitated – Invalidated from service based on Medical Board’s opinion – Held: Section...
Judicial Services - High Court – Administrative Powers – Article 235 – Rajasthan High Court Rules, 1952 – Acting Chief Justice constituting Two-Judge Committee to evolve criteria for grant of selection scale – Committee’s recommendations later approved by Full Court – Held: Constitution of Committee valid; once Full Court approved, decision became decision...
Service Law – Acquittal in Criminal Case – Reinstatement with Back Wages – Partial Relief Granted – Respondent, a government servant, was dismissed following conviction under Section 302/34 IPC—Upon acquittal by the High Court, he was reinstated with full back wages by writ court—Supreme Court held: Reinstatement proper, but award of back wages unjustified as em...
Service Law – Constitutional Validity Of Recruitment Rules - Interdepartmental Promotion – Presidential Order under Article 371D – Rules Held Invalid – The Tribunal struck down rules allowing employees of the Factories and Boilers Department to be promoted in the Labour Department – Supreme Court upheld the decision, holding such inter-cadre promotion violates Paragra...
Service law — disciplinary proceedings — Natural justice – Disagreement by Disciplinary Authority – Appeal dismissed – Manager, Grade-I of SBI dismissed after DA disagreed with “partly proved” findings and treated them “fully proved” without giving the delinquent an opportunity to represent – High Court set aside dismissal following Punja...
Service Law – Absorption on Takeover – Special Officer (CAPE) vs. Senior Superintendent (DME) – Tribunal’s Order Set Aside – Petitioner appointed as Special Officer under CAPE, probation declared post-takeover; later downgraded to UDC by Govt. order – Tribunal dismissed challenge citing lack of proof of equivalence – High Court noted crucial documents (Ext...
Service Law – Disciplinary Punishment – By-Laws 17 & 18 – Misplacement of File – Dismissal Substituted with Lesser Penalty – Appellant, a Senior Assistant with 20 years’ unblemished service, dismissed for misplacement of one file without allegation of motive or collateral gain – Court upheld misconduct finding but held dismissal shockingly disproportio...
Freedom Fighters’ Pension – Date from which payable – Appeals Allowed in Part – High Court granted pension from date of application relying on Mukundlal Bhandari – Supreme Court held that under the M.P. Rules, 1972, in view of Rule 3(6) (inserted with effect from commencement of the Rules), pension is payable from the date of sanction order – Mukundlal Bhandari ...
Public Employment – Screening vs. Cut-off marks – Articles 16(4), 320, 335 – High Court Upheld; Appeals Dismissed – PPSC may conduct screening to shortlist candidates to 3–5 per post, but cannot fix minimum qualifying cut-offs that exclude otherwise eligible reserved-category applicants where selection is by interview – Efficiency standards under Article 335 and...
Service Law – Disciplinary Proceedings – Natural Justice – Dismissal of Temporary Employee – Article 311(2) – Respondent, a forest guard, dismissed from service following an enquiry conducted by officer who had investigated the matter and acted as complainant, prosecutor, and judge – No departmental witnesses examined – No opportunity for cross-examination...