Service Law – Police Recruitment – Concealment of Criminal Case – Appointment Denied – Justified - Petitioner applied for the post of Constable and was placed in the waiting list after clearing all stages – During police verification, it was found that he was facing an FIR at the time of application which he failed to disclose – Though the FIR was later quashed ...
Service Law – Section 12(3) and 18(3) of the Industrial Disputes Act, 1947 - Section 47 of the Persons with Disabilities Act, 1995 - Premature Retirement – Medical Grounds – Alternate Employment Denied – Industrial Settlement Upheld – Appellant, a driver with TSRTC, was prematurely retired upon being declared colour blind – Corporation failed to explore alternat...
Service Law – Writ - Challenging Dismissal Order - Departmental Inquiry – Compliance with Natural Justice – Departmental Action Upheld – The petitioner, a first-grade clerk, challenged his dismissal on allegations of forging documents and preparing freehold sale deeds for ineligible persons, causing loss of ₹600 lakhs to the Kanpur Development Authority – After the ...
Writ - Service Law – Dismissal from Cooperative Society – Disciplinary Proceedings – Principles of Natural Justice Complied – The petitioner, Secretary of Sadhan Sahkari Samiti, was dismissed after findings of financial embezzlement – Earlier dismissal was set aside for violation of natural justice but directions were issued to conduct fresh inquiry after supplying do...
Civil Writ - Service Law – Recruitment – Minimum Qualifying Speed in Shorthand Test – Rule 10 of 1986 Rules – Petition Dismissed - Petitioner applied for Stenographer Grade-III post under PH category, secured 121.142 marks including shorthand, speed and efficiency tests – Failed to meet mandatory speed of 70 WPM in Hindi shorthand test (secured only 50.167 WPM) &ndash...
Service Law – Criminal Case During Selection – Rule 12.18 of Punjab Police Rules – Rejection of Appointment Set Aside – The petitioner, who was discharged from a criminal case and had disclosed the FIR in the verification form, was denied appointment to the post of Constable – Held: Clause (c) of Rule 12.18(3) was applicable as the police had found the petitioner inno...
Civil Writ – Service Law - Pension Entitlement – Daily Wager Service Prior to Regularization – Non-Consideration of Pre-Regularization Service – Dismissal of Writ – Petitioner, a Chowkidar in Gorakhpur Development Authority, sought inclusion of daily wage service from 1988 to 2010 towards pension qualifying service under the Retirement Rules, 2011—Held: As per R...
Service Law - Departmental Proceedings – Competence to Issue Charge-Sheet – Rule 14 CCS CCA Rules – No Prior Approval Needed – The respondent, a retired Sub Divisional Engineer in the Department of Telecommunications, challenged the departmental proceedings on the ground that the charge-sheets were issued by an authority competent only to impose minor penalties without appr...
Service Law – Regularization of Casual Workers – Doctrine of Legitimate Expectation – Petition Allowed – Petitioners engaged under Raiganj Municipality on fixed remuneration since 2006 pursuant to formal municipal resolutions—appointments made during absence of recruitment rules—petitioners rendered uninterrupted service for nearly two decades—Court held a...
Service Law – Dismissal from Service – Domestic Enquiry – Writ Petition Dismissed – The petitioner challenged the dismissal order and subsequent Labour Court award rejecting his claim – Alleged embezzlement of ₹500 proved in enquiry – Court held it is not within its scope under Article 226 to reassess sufficiency of evidence – Only “no evidence&rdq...