Service Law – Withholding of Pension – Petitioner challenged orders dated August 19, 2019, and January 17, 2020, which imposed a penalty of withholding 10% monthly pension for a year and dismissed the appeal against the penalty respectively – High Court held that the penalty was justified due to petitioner's supervisory lapses and failure to report illegal sale of surplus cem...
Service Law – Appointment and Approval – Appellant school functionaries challenged the order directing approval of Mihir’s service – Contention on procedural lapses, lack of requisite qualifications, and alleged interpolations in records – High Court found Mihir was appointed against a sanctioned post and the procedural lapses were not substantiated by evidence &ndash...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Employees’ Compensation – Liability of Principal Employer – Appeal against the award of compensation by the Commissioner Employees Compensation Act (Assistant Labour Commissioner) Doda, in favor of the respondent widow – Appellant contended that the deceased was employed by a contractor, not directly by the appellant – High Court held appellant liable as the principal...
Service Law – Reinstatement – Concealment of Material Facts – Appeal by the State against reinstatement order granted to respondent who had resigned under alleged threat. Court finds material concealment by respondent regarding previous writ petition dismissals and rejections of representation by Police Headquarters – Appeal allowed, setting aside impugned judgment – ...
Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modif...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...
Service Law – Trifurcation of Directorate General of Security (DGS) – Reorganization and Pay Parity – Petition challenging the Central Administrative Tribunal’s order directing resolution of service condition disparities among ministerial staff post-trifurcation – Tribunal’s directive to devise a package and rectify lacunae affirmed – Relief limited to add...
Service Law - Employee Service – Counting of work-charge service for proficiency step-up – Dispute regarding whether service rendered on work-charge basis prior to regularization should be counted for granting proficiency step-up – Reference to relevant instructions dated 1.12.1988 (Annexure P-1) and clarificatory letter dated 1.9.1989 (Annexure P-2) – Contrasting views in ...
Administrative Law - Doctrine of Pleasure - Validity of Removal – Writ Petition challenging removal from the post of Chairman of the Karnataka State Minorities Commission – Petitioner contended removal was arbitrary, capricious, and without following principles of natural justice – Respondent argued removal was per the doctrine of pleasure as stated in Section 4 of the Karnataka ...