Service Law – Change of Date of Birth – Delay and Laches – Application for change of date of birth in service records must comply with relevant statutory provisions – Karnataka State Servants (Determination of Age) Act mandates application within three years from date of birth recording or within one year from Act commencement – Employee's application made 24 year...
Service Law – Reinstatement with Back Wages – Respondent dismissed from service after being suspected of involvement in a fire incident at the Bank – Central Government Industrial Tribunal found misconduct unproven but ordered compensation in lieu of reinstatement due to loss of confidence – High Court quashed Tribunal's award and ordered reinstatement with full benefit...
Service Law – False Declaration and Suppression of Facts – Employee failed to disclose criminal conviction during application and document verification – Terminated after discovery – High Court quashed termination relying on Avtar Singh v. Union of India (2016) 8 SCC 471 and benefit of Section 12 of Probation of Offenders Act – Supreme Court emphasizes employer's ...
Service Law – Judicial Appointments – Criminal Antecedents – Candidate involved in multiple criminal cases acquitted, but not honorably – High Court allowed writ petition for appointment to Civil Judge post – Supreme Court emphasized the importance of judicial officers’ integrity and public confidence – Found committee's decision to deny appointment ba...
Employment Law – Manipulated Appointment – Fraudulent Selection Process – The Supreme Court allowed the appeal, overturning the Division Bench’s judgment and restoring the Single Judge’s decision. The court held that the reinstatement of workmen appointed through a manipulated and fraudulent process, without being listed by the Employment Exchange, was unjustified. Th...
Disciplinary Enquiry – Delay and Prejudice – Allegations against the respondent, a police officer, included the unauthorized operation of a "Gunda Squad" leading to a custodial death. The Tribunal quashed the charge-sheet due to a two-year delay, deemed prejudicial to the respondent’s career prospects. The Supreme Court held that delay alone does not invalidate proceedi...
Provisional/Confidential Results – Validity – The Supreme Court held that provisional/confidential results declared by universities are valid for determining eligibility for employment, provided their authenticity is confirmed by the universities. In this case, the provisional results of B.Ed. examinations provided to the candidates before the cut-off date were valid, and the High Cour...
Service Law – Selection – Post of Police Constable – Involvement in Criminal Cases – High Court's lenient approach towards youth involved in petty crimes criticized – Supreme Court emphasizes that generalizations leading to condoning misconduct should not influence judicial verdicts – Importance of maintaining public confidence in the police force highlighte...
Service Law – Appointment Eligibility – The appellants were candidates for the post of High School Assistants (Natural Science) in Kerala. The Kerala Public Service Commission (KPSC) disputed the eligibility of their B.Ed degrees, which were in Biological Science, for meeting the required subject criteria. The appellants produced Government Orders (GOs) confirming their degrees as equi...
Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules – Compassionate Appointment – The Supreme Court upheld the High Court's decision to grant the respondent the benefit of compassionate appointment. The Court ruled that the father of the respondent, although termed a Part Time Tubewell Operator, was effectively treated as a regular employee due to ...