Constitutional Law - Articles 32 and 226 - Res Judicata and Procedural Bars in Writ Jurisdiction – Petitioners filed applications for transferring cases to NGT after similar applications were previously withdrawn – Held, principles of res judicata and CPC provisions apply to writ jurisdiction under Rule 32 of the Writ Jurisdiction Rules – Earlier withdrawal of applications consti...
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
Service Law - Regularization of Non-Teaching Staff – Letters Patent Appeal – Non-teaching staff of PICTES sought regularization akin to teaching staff – Single Judge granted regularization and pay scale difference for 38 months – Government's denial based on financial constraints found arbitrary and discriminatory – Appeals dismissed. [Paras 1-16]
Equ...
Service Law – Dismissal from Service – Article 311(2)(b) Constitution of India – Sections 451, 354, 376B IPC – Rules 7.2(b) & 3 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 – Teacher accused of raping two minor students – Dismissal without regular inquiry – Apprehension of mental agony and social stigma to minors if subjected to cr...
Service Law - Dismissal without Inquiry – Rape Charges Against Teacher – Appeal against dismissal without inquiry under Article 311(2)(b) of the Constitution of India – Appellant, a teacher, accused of raping two minor girls – Dismissal from service without regular inquiry to prevent trauma and social stigma to minors – High Court upheld dismissal citing Division Benc...
Service Law - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...
Civil Service Law - Regularization of Service - Seniority List vs. Log Book - Appeal challenging the de-regularization of service by relying on the seniority list over a log book. Appellant claimed an earlier date of appointment based on the log book. Held that the log book, being in the custody of the employee and used only for recording certain facts, cannot supersede the seniority list, which i...
Service Law - Recovery of Excess Payment – Regular Second Appeal against order of lower appellate court setting aside recovery of excess amount paid to employee – Employee’s salary wrongly fixed by the department in 1996, error discovered in 2011, recovery sought – Held that recovery from employee impermissible when no fraud or misrepresentation is involved and when benefit...
Service Law - Unauthorized Absence - Termination of Services - Haryana Police – Regular Second Appeal against the order dismissing the civil suit and first appeal challenging the termination of the appellant's services – Appellant, a Head Constable, claimed unauthorized leave to attend a Public Police Samelan and alleged he was restrained from rejoining duty – Enquiry proceed...
Employment Law – Relationship between employer and employee – Minimum Wages Act, Industrial Disputes Act – Canteen Waiter as Bank Employee – Retrenchment of canteen waiter deemed illegal due to non-adherence to procedural requirements under Industrial Disputes Act, Section 25(F), (G), and (H) – Appeals dismissed – Orders of reinstatement with back wages upheld &...