Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Eligibility for Public Employment – Requirement of CCC Certificate at Interview Stage – Termination of Candidates' Services Deemed Arbitrary – Candidates selected under the 2014 recruitment for the post of Technician Grade-II in Uttar Pradesh Power Corporation Limited challenged their termination on the ground that they fulfilled the CCC (Computer Concepts Course) certificati...
Labour Law - Employment Status of Canteen Workers – Contract Labour Regulation – Sham Contract Alleged – The Industrial Tribunal held that the canteen workers employed through a contractor were in fact employees of HAL, finding the contractual arrangement to be a sham due to HAL’s control over employment terms, wages, and work conditions. However, the High Court, interpreti...
Service Law - Recruitment Qualification – Prescribed vs. Equivalent Qualifications – Rule Interpretation – The qualification specified for the post of LDC was a Certificate in Data Entry and Office Automation from an approved institution. The Kerala Public Service Commission (KPSC) initially took a strict stance against recognizing higher qualifications, such as a Diploma in Comp...
Disciplinary Action – Basis of Breath Analyzer – Petitioner challenged dismissal order – Contention that breath analyzer report is not conclusive proof of alcohol consumption – High Court referred to Supreme Court precedent requiring blood and urine tests for confirmation – Disciplinary authority failed to consider Supreme Court’s observation – Order of di...
Service Law – Age of Superannuation – The respondent, holding the post of Research Assistant, claimed to fall under the category of "Teachers" and sought retirement age of 65 years. The appellant-University contended that the respondent does not qualify as a "Teacher" and should retire at 60 years. The court upheld the respondent's claim, emphasizing his duties ...
Labour Law – Criminal Law - Unfair Labour Practice – Quashing of Proceedings – Section 482 CrPC – Criminal Complaint Quashed – Petitioners sought quashing of criminal proceedings under Sections 25(T) and 25(F) of the Industrial Disputes Act, alleging that the company engaged in unfair labour practices by coercing workmen to resign from the union and terminating five e...
Criminal Law – Departmental Proceedings vs. Criminal Trial – Petitioner, a constable, dismissed for bigamy following a departmental enquiry – Acquittal in criminal trial on same facts not affecting dismissal – Court upheld dismissal based on departmental rules and personal conduct standards [Paras 7-13].
Departmental Enquiry – Standards of Proof – D...
Service Law – Retirement – Date of Birth – Petitioner’s retirement based on disputed date of birth – No proper enquiry conducted – Chairman of Nagar Panchayat unilaterally changed the date of birth based on Life Insurance Policy papers – Original date of birth in service book not altered – Held, retirement order quashed – Petitioner reinstated ...
Disciplinary Proceedings – Non-Issuance of First Show-Cause Notice – Deceased employee dismissed from service after prolonged unauthorized absence – Disciplinary authority failed to issue the first show-cause notice along with the enquiry report as mandated by Rule 15(10) of the OCS (CCA) Rules, 1962 – High Court quashed the dismissal order due to procedural lapses and viol...