Service Law – Dismissal of Bank Officer – Misconduct – Charges of misappropriating Rs. 16.48 lakhs by granting 20 loans against fictitious FDRs – Handwritten ledger entries showed disbursement to unrelated third parties – Respondent absconded from duty without charge handover after vigilance inquiry – Departmental inquiry held charges proved based on documentary...
Service Law – Time-bound Promotion – Eligibility Criteria – Respondent retired employee claimed higher pay scale after 16 years of service under 1990 circular issued to address stagnation – Held: Benefit available only to directly recruited Assistant Engineers or those promoted under Regulation 7(a)(ii) read with Regulation 10(4) or 10(6)/(9) having requisite qualifications...
Service Law – Departmental Inquiry – Appointment of Retired Officer as Inquiry Officer – Rule 9(2), Railway Servants (Discipline and Appeal) Rules, 1968 – Whether the term “other authority” in Rule 9(2) restricts appointment of Inquiry Officers to serving officials only – Held: No such restriction exists – Rule 9(2) vests discretion in the disciplina...
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 ...
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...
Judicial Service – Premature Retirement – Validity of Notification – Petitioner, serving as Additional District Judge, prematurely retired at age 53 under Rule 21 of Gujarat State Judicial Service Rules, 2005 – Challenge on ground that Notification issued without Governor’s personal satisfaction and instead based on recommendation to Government – Held: As per Ar...
Service Law – Waiting List/Reserved Panel – Counsel’s Concession – High Court directed absorption on future SC vacancy relying on 15.01.1999 assurance – Held: Wait list is not a source of recruitment and operates only if a selected candidate does not join – A concession contrary to statutory Recruitment Rules is not binding; cannot be enforced to extend life of ...
Service Law – Departmental Enquiry – Denial of Reasonable Opportunity – Principles of Natural Justice – Respondent-employee (Development Officer, LIC) dismissed after ex-parte enquiry – Inquiry report not furnished and no effective opportunity of cross-examination granted – Held: Entire enquiry and orders passed by Disciplinary Authority, Appellate Authority, an...
Industrial Law – Retrenchment – Section 25G ID Act – Rule of “last come, first go” – Violation established – Labour Court’s award of reinstatement with 50% back wages justified – High Court substituted compensation of Rs. 87,582/- on erroneous assumption of illegal appointment – Held: High Court exceeded jurisdiction under Articles 226/22...