Service Law – Dismissal – Reconsider the dismissal - Evidence and Proof – The respondent was dismissed from the Coast Guard on allegations of forgery related to a loan application. An expert could not definitively identify the author of the forged signature. The disciplinary proceedings led to a dismissal based on presumptions and suspicion without concrete evidence. Held: The Hi...
Service Law – Border Security Force Act, 1968 – Misconduct – Appellant, a BSF constable with 17 years of service, dismissed for overstaying leave – Applied for leave extension due to family emergency but rejoined late – Summary Security Force Court convicted and dismissed him – Statutory petition dismissed by Director General BSF – High Court reversed Sing...
Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].
Condonation of Interruption – Rule 4.23 ...
Service Law – Direct Recruitment vs. Promotion and Deputation – Appellants challenged direct recruitment to posts of Administrative Officer/Assistant Assessor and Collector, arguing promotion should be attempted first – Recruitment Rules mandate 50% by promotion and 50% by deputation, failing which direct recruitment can be resorted to – High Court found respondents did not...
Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regu...
Service Law – Rule 29(1)(vi) of CCS CCA Rules – Revisional Authority's powers to enhance punishment – Whether the Revisional Authority was justified in exercising its powers under Rule 29(1)(vi) to enhance the punishment of the respondent after five years – Held, the enhancement of the punishment by the Revisional Authority was not justified due to the lapse of a reason...
Service Law – Termination of Probationer – The petitioner was appointed as a Watchman and placed on probation for two years. Due to unsatisfactory performance, his probation was extended by one year. He was later discharged from service for unauthorized absence. The petitioner argued that his discharge was punitive in nature and carried a stigma. Held: The court found that the discharg...
Service Law – Reservation for Disabled Candidates – The respondent, a 100% visually impaired candidate, appeared in the CSE-2008 but was denied an appointment – Central Administrative Tribunal (CAT) and the Delhi High Court directed the Union of India to fill backlog vacancies as per the PWD Act, 1995 – Supreme Court upholds CAT and High Court decisions, directs the Union o...
Service Law – Appointment Validity – Retrospective Application of Rules – The petitioners were appointed as teachers and non-teaching staff before the enforcement of the 1978 and 1984 Rules, which mandated training qualifications and a prescribed selection procedure – The institution received temporary and permanent recognition in 1980 and 1984, and was included in the gran...
Service Law - Civil Law – Reservation in Promotion – Cadre of Head Teachers – Petition filed challenging the benefit of reservation to scheduled caste candidates beyond their entitled quota in promotions to Head Teachers – Petitioners contended that 20% quota for reserved category candidates had been exhausted – High Court directed the State to ensure that reservation...