Service Law – Probation – Deemed Confirmation – Petitioner appointed on compassionate grounds on 15.10.2001 – Probation extendable up to three years – No order of discharge passed – Held: Petitioner deemed confirmed on 15.10.2004 in terms of Rule 11 of PUNSUP service byelaws and judgment in State of Punjab v. Dharam Singh – Inaction by employer cannot prej...
Service Law – Dismissal of Bank Officer – Alleged Fraudulent Bond Transaction – Disciplinary Proceedings – Judicial Review – Petitioner, a Chief Manager with an unblemished record, dismissed after internal disciplinary proceedings found him guilty of diverting ₹5,00,000 by issuing a false RBI Bond in the name of a customer – Petitioner claimed the act was a pr...
Civil Writ - Service Law – Suspension – Rule 10 of KCS (CCA) Rules – Petitioner, a Panchayat Development Officer, suspended based on a video clip allegedly showing him accepting illegal gratification – Suspension order issued by Disciplinary Authority based on communication from CEO – Tribunal declined interim relief – High Court held that suspension under Rule ...
Labour Law - Industrial Tribunal – Constitution and Jurisdiction – Sections 7 and 8 of the Industrial Disputes Act – Award Held Without Jurisdiction – Where one member of the Tribunal was deputed elsewhere and became unavailable – Government failed to either reconstitute the Tribunal or issue a fresh notification under Section 7 – Held: Two remaining members cou...
Service Law – Writ - Paramilitary Discipline – Proportionality of Punishment – Section 11(1) CRPF Act – Dismissal Quashed – Petitioner, a long-serving constable, failed to report for second guard shift and did not immediately comply when roused – Misconduct held proved, but punishment of removal from service under a charge framed under Section 11(1) (minor misco...
Service Law – Class IV Appointment – Validity of Appointments Beyond Advertised Vacancies – Rule 12, U.P. Rules – “Reasonable Dimension” of Waiting List – Appellants appointed against Class IV posts were terminated in 2008 on the ground that appointments exceeded notified vacancies – Advertisement of 2000 mentioned 12 vacancies “subject to incr...
Judicial Service – Eligibility Criteria – Basic Computer Knowledge – Appellant participated in selection for Civil Judge (Junior Division) under the Uttaranchal Judicial Service Rules, 2005 – Though successful in written and viva voce exams, he was not selected for lack of basic knowledge in computer operation – Held: Requirement of basic computer knowledge is part of...
Service Law – Departmental Enquiry – Natural Justice – Respondent, an Executive Engineer in PWD, was removed from service based on inquiry reports without being provided copies of documents relied on in the charge sheet – Held: Mandatory requirement under Rule 7(5) of the 1999 Rules to supply relevant documents not complied with – Denial of documents constituted denia...
Service Law – Recruitment – Cancellation and Re-Test – Irregularities in Examination – Appellants challenged High Court’s order directing appointments based on first written test despite Railway Board’s decision to hold re-test due to large-scale malpractices – Vigilance and CBI reports revealed serious irregularities including impersonation, mass copying ...
Service Law – Recruitment to Public Posts – Writ Jurisdiction – Maintainability – Dispute relating to recruitment of Graduate Primary Teachers in Karnataka – Challenge raised by married women candidates regarding rejection of caste-cum-income certificates issued in the name of parents instead of husbands – Held: High Court erred in entertaining writ petitions di...