Service Law - Promotion – Sealed Cover Procedure – Review Departmental Promotion Committee (DPC) – Petitioner contended that his promotion was denied due to sealed cover procedure despite being clear from disciplinary proceedings on the initial DPC date – Held: Adoption of sealed cover when juniors were promoted, absent pending disciplinary proceedings on the original DPC d...
Labour Law – Regularization of Service – Petitioners, employed as binders and printers on a piece-rate basis, sought regularization after working for over 22 years – Government rejected their claim citing lack of direct employment records – Petitioners contended employment was continuous despite being through contractors to circumvent direct employment evidence [Paras 1-7]....
Tender Process – Cancellation of Tender – Petition Dismissed – The petitioner, whose financial bid was the highest, challenged the cancellation of a tender for the redevelopment of MAF – The Court held that the cancellation was within the scope of the tender terms, as the respondents had the authority to annul the bidding process without assigning any reason as per Clause 8...
Reservation Law – Recruitment Process – Petitioners, all ex-servicemen, challenged the advertisement for recruitment of Banking Associates which excluded them from the reservation benefits – Contended that as per the Jammu & Kashmir Reservation Act, 2004 and the Rules framed thereunder, they are entitled to 6% horizontal reservation – Bank argued that its recruitment ru...
Judicial Immunity – Protection under Judges (Protection) Act, 1985 – The petitioner argued that actions performed under Section 165 of the Land Revenue Code were judicial in nature, entitling him to protection under the Judges (Protection) Act – The Court noted that Additional Collectors are empowered to perform judicial functions per Section 17 of the Code – Held: Petition...
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...
Liability of Directors – Section 179 of the Income Tax Act – Natural Justice – Order Set Aside - The petitioner, a director of a private company, challenged the order passed under Section 179 of the Income Tax Act, which held him personally liable for the company's tax dues. The Court held that the petitioner was not afforded an opportunity to prove that non-recovery of the t...
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...
Jurisdiction – Criminal Procedure – FIR Quashing – Petitioner challenged the jurisdiction of the CJM, Jammu, to entertain a complaint leading to FIR No.79/2013 – Contended no part of the cause of action arose within territorial jurisdiction of Jammu – Court held CJM lacked jurisdiction under Section 156(3) CrPC as no event occurred within its territorial limits &ndash...
Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections &...