Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued...
Police Service – Dismissal for Absence – Prolonged unauthorized absence from duty – Plaintiff/constable dismissed for remaining absent from duty for extended periods – Departmental inquiry conducted, orders of dismissal confirmed by appellate and revisional authorities – Courts below upheld dismissal, noting absence of valid medical justification and procedural adhere...
Service Law - Termination – Loss of Lien under Standing Orders – Clause 19(ii) Invoked – Termination Upheld – Petitioner, a confirmed workman, remained absent unauthorisedly from 01.10.1990 and was struck off from rolls on 26/28.02.1991 under Clause 19(ii) of HAL Standing Orders – Held: Management had two procedural options – either initiate disciplinary enquiry...
Service Law - Disability Pension – Injury Sustained During Active Service – Entitlement Under CCS (EOP) Rules – Lump Sum Compensation Awarded - The petitioner, a retired BSF Sub-Inspector, sought disability pension for a gunshot wound sustained in active duty in 1993 resulting in permanent disability of 30% – The injury was acknowledged as attributable to service by the Med...
Company Law - Winding Up – Debt Admission in Balance Sheet – Limited to ₹64.30 Lakh – Petition filed under Sections 433(e), 434(1)(a) alleging failure of respondent company to repay total dues of ₹21.55 crores—Court held only ₹64.30 lakh admitted in balance sheet was an undisputed liability—Directed respondent to pay with 11% interest—No case for winding u...
Employment Law - Public Employment – Format of Caste Certificate – Format compliance mandatory – Rejection of candidature upheld – Petitioners submitted OBC-NCL certificates in Central Government format rather than in the format required by the State of Uttar Pradesh – Clause 5.4(4) of recruitment advertisement clearly specified the required format and the consequence...
Service Law - Judicial Service – Probation Termination – Stigmatic Discharge Not Sustainable – The appellant, a probationer in Rajasthan Judicial Service, was discharged based on an inquiry alleging misconduct including non-disclosure of past employment and simultaneous academic degrees – The Court held that the allegations predated judicial service and were not grave enoug...
Service Law – Environmental Law – Performance Appraisal Reports – Directions for Appraisal of IFS Officers – Impugned G.O. dated 29th June 2024 issued by the Government of Madhya Pradesh prescribed IAS officers as reporting/reviewing authorities for Indian Forest Service officers – Challenged for violating Supreme Court’s previous orders and established rules &n...
Services Law - Judicial Services - LDCE Quota for District Judge Promotions – Quota Restored from 10% to 25% – Meritorious Officers Incentivized – Original 25% quota (Third AIJA) was reduced to 10% in 2010 due to low participation – Court held changed conditions warranted restoration – Directed unfilled LDCE seats to revert to regular promotion – Held: 25% LDCE ...
Service Law – Provident Fund Contribution – Claim on Revised Salary – Petition Dismissed – The petitioner sought direction for EPF contributions based on the salary of Mechanic from 15.07.2009 to 31.03.2018 after reversion order was quashed – Held: The respondent had already contributed as per the statutory ceiling under the EPF Act – EPF contributions cannot be...