Service Law – Delay in Payment of Leave Encashment and CGEGI – Grant of Interest under Rule 39(3) of CCS Leave Rules and Constitutional Principles – Petition filed by Govt. of NCT of Delhi challenging CAT’s order for interest on delayed release of leave encashment and CGEGI – Respondent retired in July 2022, but leave encashment and CGEGI were disbursed only in Decemb...
Service Law - Unauthorized Absence – Burden of Proof for Leave Approval – The petitioner claimed he was on sanctioned medical leave but provided no contemporaneous evidence of leave approval or timely submission of medical certificates – Held: Mere submission of certificates after absence is insufficient to prove authorized leave; no evidence was provided to demonstrate pre-appro...
Service Law – Disability Pension – Entitlement to Service Element – Petitioner, invalided due to disability acquired during military service, was granted only the disability element of pension – Citing Regulation 183, which includes both service and disability elements in disability pensions, petitioner argued entitlement to the service element for life – Held: As per...
Service Law - Transfer of Police Personnel - Disciplinary Force - The petitioners, office bearers of the Bihar Police Association, contested their transfers under administrative orders, citing a lack of compliance with transfer protections. The Court noted that transfer is a routine aspect of service, especially in disciplined forces, and can be mandated under administrative necessity without judi...
Service Law - Disciplinary Proceedings – Procedural Lapses – Quashing of Dismissal Order – The respondent, a storekeeper implicated in a misappropriation case involving government rations, was dismissed following departmental proceedings – The CAT found procedural deficiencies in the inquiry and set aside the dismissal, allowing for fresh proceedings – The High Court ...
Service Law - Recovery of Excess Payment – No Fault of Employee – Applicability of Supreme Court’s Decision in Rafiq Masih – Petitioner, a retired Class-III employee, contested recovery of excess amount due to erroneous pay fixation – Citing State of Punjab v. Rafiq Masih (White Washer) (2015) and the M.P. High Court Full Bench decision in State of M.P. v. Jagdish Pra...
Compassionate Appointment – Eligibility of Married Daughter – Petition Dismissed – The petitioner, a married daughter, sought compassionate appointment following her brother’s death in harness. The Tribunal had denied her application, ruling that as a married daughter, she was ineligible under the rules in effect at the time of her brother’s death. Held: The compassio...
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...
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...
Criminal Law - Double Jeopardy – Parallel Prosecution – Section 304-A IPC vs. Section 92 of the Factories Act – Quashing of Proceedings – The petitioners challenged the simultaneous criminal prosecution under Section 304-A of IPC alongside charges under Section 92 of the Factories Act, 1948, for the same incident of a worker's death due to electrocution at the factory &...