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 ...
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 – Correction of Date of Birth – Bar under Punjab Civil Service Rules – Respondent sought correction of date of birth in service records from 27.03.1936 to 27.03.1938 based on University’s post-service amendment in matriculation certificate – Application made twelve years after entering service – Rule required such request within two years of joining ...
Service Law – Compassionate Appointment – Change of Scheme – Respondent applied for compassionate appointment after death of father employed with SBI – During pendency of application, old scheme was abolished and new ex gratia scheme introduced with retrospective applicability to pending cases – Held: Appointment on compassionate grounds is not a vested right but a co...
Service Law – Pension – Work Charged Service – Inclusion – Respondent had rendered long service as work charged employee under Government of Punjab before joining Punjab State Electricity Board (PSEB) – PSEB denied pension on ground that his Board service was under 10 years and prior State service was non-pensionable – Held: Once PSEB adopted State Government&rs...
Service Law – Disciplinary Proceedings – Non-supply of Inquiry Report – Violation of Natural Justice – Rule 14, CCS (CCA) Rules – Petitioner removed from service on charges of misappropriation – Inquiry report not supplied before punishment – Later supplied on direction of appellate authority, yet petitioner failed to make representation – Held: Whil...
Service Law – Dismissal on Ground of Conviction – Effect of Probation – Section 12 of the Probation of Offenders Act – Appellant, a bank employee, convicted under Section 409 IPC for misappropriating Rs. 5000 meant for deposit – Though appellate court granted benefit of probation, employer dismissed appellant from service – Held: Grant of probation does not null...
Service Law – Promotion – Sealed Cover Procedure – Applicability – Departmental Promotion Committee (DPC) held on 09.06.2012 – No disciplinary proceedings pending or contemplated as on that date – Vigilance clearance already granted – Charge sheet issued only on 26.09.2012 – Held: Sealed cover procedure impermissible when no proceedings are pending o...
Medical Education – Admission to Postgraduate Courses – In-Service Candidates – No Objection Certificate (NOC) – 2008 Prospectus required in-service doctors to submit NOC as per Government circular dated 13.05.1996 – Amendment dated 30.07.2007 enhanced bond period from 5 years to 10 years – Held: Since the 2008 Prospectus did not refer to the 2007 amendment, it ...