Service Law – Suppression of Information – Respondent concealed involvement in a criminal case while filling the verification roll – Supreme Court finds suppression of material information constitutes a serious misconduct justifying removal from service – High Court’s interference with quantum of punishment held unjustified [Paras 1-17].
Article 226 &ndas...
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...
Disciplinary Proceedings – Constitution of Inquiry Committee: The School Tribunal and High Court found the Inquiry Committee's constitution improper under Rule 36(2)(b) of the MEPS Rules, as the President of the Management was not part of the committee. However, the Supreme Court noted that the President was initially a member but was replaced due to ill health, invoking the doctrine of ...
Service Law – Regularization of Employees – University directed to regularize services of employees working for 15-30 years on contractual basis with consequential benefits – High Court’s direction modified to restrict actual benefits to three years prior to the filing of writ petitions – Employees entitled to notional benefits and continuity in service from the date ...
Service Law – Regularization – Lecturer Post – Appellant appointed as Guest Lecturer in 'Karm Kand' – Teaching for nearly 16 years – High Court dismissed writ petition challenging Chancellor’s order rejecting appointment – Supreme Court finds no specific qualifications prescribed for the post of Lecturer in 'Karm Kand' – Appellant hol...
Service Law – Temporary Employment – Absorption and Regularisation – Respondents appointed on a fixed term for a specific project ("Post-Earthquake Redevelopment Programme") – High Court directed State to consider their regularisation after 17 years of service – Supreme Court finds respondents were appointed in a temporary unit and not on sanctioned posts in...
Service Law – Suspension and Pay Allowances: Respondents were under suspension during disciplinary proceedings which did not result in their complete exoneration. Consequently, they fall outside the scope of Rule 54(2) of the Rajasthan Civil Services Rules, 1958. Supreme Court determines that exact pay and allowances should be less than full pay, but remitting the matter back would be inequi...
Service Law – Disciplinary Proceedings – Doctrine of Equality: The respondent, a Junior Engineer, faced disciplinary action for financial irregularities. The Enquiry Officer and the Disciplinary Authority found the charges proved. The Tribunal and High Court quashed the punishment by applying the Doctrine of Equality, noting that other officers involved were exonerated. Supreme Court h...
Service Law – Discharge of Judicial Officer – High Court erred in treating appellant's negligence as misconduct warranting discharge – No continuous illegal orders were passed, only one bail order involved – Enquiry officer improperly acted as a court of appeal, focusing on alleged errors in the bail order – Discharge order deemed punitive as it resulted from disc...
Service Law – Seniority – Determination of Seniority among direct recruits and promotees under the Central Excise and Land Customs Group-C Recruitment Rules, 1979 – High Court upheld seniority list based on indents placed with the Staff Selection Commission (SSC) for direct recruitment – Supreme Court held that actual vacancies must be considered, not merely indented vacanc...