Departmental Enquiry – Alleged Procedural Lapses under Regulation 6(13) & 6(17) – Compliance Found – Enquiry Upheld – The petitioner contended that the enquiry proceedings were vitiated due to non-compliance of procedural safeguards under Regulation 6(13) and 6(17) of the 1976 Regulations – The Court held that the Enquiry Officer provided ample opportunity to the ...
Service Law – Termination of Contractual Employees – Protection under Section 18(iii) of 1989 Act – Tribunal’s Order Upheld – Petitioners challenged Tribunal’s direction to reinstate temporary teachers, arguing Section 18 and Rule 39 did not apply to fixed-term appointments – Held: Employees of recognized institutions, even if temporary, are covered under ...
Employment Law - Absorption in Government Department – Valid Exercise of Option Required – Claim Denied – Petitioner claimed adjustment in GWS&I after abolition of his post in OLIC, but failed to establish he exercised a valid option within stipulated time – Held: Absence of timely option and pending VRS application disentitles petitioner to absorption under transfer ci...
Service Law - Review – Maintainability by Non-Party – Review Application Allowed - Deputy Registrar of CAT, though not a party to the original writ petition, was held entitled to maintain review application as the order affected the statutory powers of the CAT Chairman under Section 5(6) of the Administrative Tribunals Act, 1985 – Held: "Any person aggrieved" includes n...
Service Law - Public Employment – Hereditary Appointments – Subordinate Legislation Struck Down – Rule Declared Void - Bihar rule allowing retiring chaukidars to nominate dependent kin for appointment held unconstitutional – Supreme Court upheld Patna High Court's striking down of Rule 5(7)(a) of 2014 Amendment to Chaukidari Cadre Rules – Held: Rule violated Artic...
Service Law – Departmental Proceedings based on Same Allegations as Criminal Trial – Proceedings vitiated – The petitioner, a bank employee, was earlier acquitted honourably in a criminal trial arising out of alleged issuance of fraudulent CRIS certificates – Later, departmental proceedings were initiated on identical facts with the same witnesses – Held: Departmental...
Service Law - Departmental Proceedings – Finding of Misconduct – Limited Judicial Review – Court Cannot Reappreciate Evidence – Petitioner was found guilty of negligence and disobedience as Branch Manager—Held: Once disciplinary findings are supported by evidence and endorsed by Tribunal, High Court cannot interfere on mere alternate interpretations [Paras 4-5, 9].
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Service Law – Reservation for Women – Horizontal Reservation under Punjab Civil Services Rules, 2020 – Post Validly Reserved for Women – The appellant challenged the Division Bench's order remanding the matter regarding the validity of reservation of a DSP post under the 'SC Sports (Women)' category – Held: The advertisement reserving the post was validly ...
Service Law - Exclusive Jurisdiction Clauses – Validity in Employment Contracts – Enforceable – The Court held that jurisdiction clauses conferring exclusive jurisdiction to courts in Mumbai in private employment contracts are valid and enforceable – A party who has agreed to such a clause cannot later file a suit in a different jurisdiction merely for convenience – H...
Employment Law - Reservation in Public Employment – Requirement of Valid Certificate by
Cut-Off Date – Rejection Upheld – Appellants were excluded from interview round for Civil Judge Cadre due to OBC-NCL/MBC-NCL/EWS certificates not being valid as on application cut-off date (31.08.2021) – Held: Advertisement required valid certificate as per rules— Relevant c...