Service Law - Disciplinary Proceedings - Supervisory Responsibility and Delay – Petitioner, a retired District Food and Supplies Controller, faced allegations of supervisory lapses and damage/shortage of wheat gunny bags dating back to 1989 – Inquiry initiated six years later in 1995 and completed in 2002 found no lack of supervision by the petitioner – Competent authority's ...
Service Law - Withdrawal of Benefits Post-Retirement - Proficiency Step-Ups and ACP – Petitioner, a retired Superintendent, contested the withdrawal of proficiency step-ups granted in 1993 and 1999 and subsequent recoveries from her gratuity and leave encashment – Held, as per Rule 9.4(b)(iii) read with Rule 6.19(c) of the Punjab Civil Services Rules, for reckoning pension, only the co...
Service Law - Promotion Post-Acquittal and Exoneration – Petitioner, previously reverted and placed under suspension with two disciplinary proceedings initiated, exonerated in one and punished in another – Acquitted in criminal case on 30.04.2016 – Held, cause of action for seniority, promotion, and re-fixation of pay arises from acquittal date – Respondents directed to rec...
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 ...
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Jurisdiction – Petitioners filed applications for transferring cases to NGT after similar applications were previously withdrawn – Held, principles of res judicata and CPC provisions apply to writ jurisdiction under Rule 32 of the Writ Jurisdiction Rules – Earlier withdrawal of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...
Constitutional Law - Articles 14 and 16 - Recruitment Standards and Qualifications – Petitioner challenged the selection of respondent No. 4 for the post of Statistical Assistant – Respondent’s Master of Commerce degree lacked Statistics as a required subject – Held, recruitment rules specified Statistics as one of the papers at the Master's or Bachelor's level &nda...
Service Law - Promotion Criteria - Common Seniority List – Petitioners, Senior Scale Stenographers/Reporters, challenged the promotion of Personal Assistants to Private Secretary – Held, Rule 11 stipulates a common seniority list for promotion – Absence of common list violated Rule 11 – Promotions solely from Personal Assistants cadre from 1981 to 1995 deemed arbitrary and ...
Service Law – Selection Process – Essential Qualifications – Petition against Tribunal's order setting aside selection of petitioner for Tutor (Bio-Informatics) – Petitioner selected despite not meeting essential qualifications as per advertisement – Tribunal found petitioner did not have required qualifications and set aside selection – High Court held PGIM...
Service Law – Adverse Remarks in ACR – Quashing of Adverse Remarks – Petitioner, a judicial officer, challenged adverse remarks in ACR for 2010-11 and compulsory retirement – Adverse remarks included issues of integrity and conduct – Petitioner argued no material evidence or complaints to support adverse remarks – High Court found adverse remarks inconsistent wi...
Service Law – Disability – Entitlement to Salary and Allowances – Petition challenging order directing payment of salary and allowances to disabled employee – Respondent employee met with accident and became 100% disabled – Petitioner bank declared him disentitled for salary and allowances on “no work, no pay” principle – High Court held that under S...