Service Law – Submission of Documents – Applicants required to submit all necessary documents along with the application form by the cut-off date – Respondent failed to submit NCC 'B' certificate with original application – Certificate submitted three years after the cut-off date – Not entitled to additional five marks [Paras 1-10].
Judicial Review – ...
Service Law – Compassionate Appointment – Respondent's application for compassionate appointment delayed by the appellants – Respondent crossed the age of 50 years, making employment impractical – High Court awarded Rs.10 lakhs compensation – Supreme Court modified to Rs.5 lakhs due to delay caused by appellants [Paras 6-11].
Compensation for Delay – The ...
Service Law – Promotion – Respondent's promotion withheld due to disciplinary action leading to 'censure' – Bank’s rules specify 'censure' as a minor penalty – Adoption of sealed cover procedure for respondent’s promotion due to pending disciplinary action – Supreme Court held that promotion recommendations in a sealed cover cannot be e...
Service Law – Retrospective Seniority – The High Court erroneously granted retrospective seniority to the respondent from 20.11.1985, a date when he was not borne in service – Respondent entered service only on 10.2.1996 following Supreme Court's direction – Jurisprudence in service law advises that retrospective seniority cannot be claimed from a date when an employee ...
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 – 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...
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 – 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...
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...
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...