Procedural lapses do not vitiate inquiry without real prejudice: Bombay HC quashes reinstatement of school peon
The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
Reinstatement
“Locus Poenitentiae” under Rule 48-A of CCS (Pension) Rules, 1972 ends on effective date of retirement: Calcutta High Court
The petition raises a sensitive and classic judicial conundrum: Where does a genuine, conscious personal choice end, and where does administrative coercion begins?
Vaishno Devi Shrine Board not “State” under Art. 12 Despite Statutory Status; Lacks Governmental Control: J&K and Ladakh HC
“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”
Mere reinstatement does not preclude conducting departmental enquiry over past misconduct: Rajasthan High Court dismisses Health Officer’s plea challenging penalty order
“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”
‘Quasi-judicial authority has no power to review unless statutorily granted’: Patna HC reinstates Panchayat Teachers after 10 years
“The power of review being substantive in nature cannot be applied retrospectively to validate actions taken at a point of time when no such power existed.”
‘Refusal must be reasoned/justified’; Bombay HC sets aside Labour Court’s order refusing advocate representation to a legally untrained person
“When a party demonstrates genuine inability to represent itself and seeks professional assistance without mala fides, the Labour Court ought to grant such leave unless strong reasons exist to the contrary.”
Wrongfully Terminated Teachers to get Rs 5 Lakh each as Delhi School Tribunal finds School ignored DSEAR 1973 Norms
“It is well-settled that the reinstatement should be the rule when the order of wrongful dismissal of termination of service was set aside, and the compensation should be an exception.”
Belated mental disability/depression claim cannot undo accepted voluntary retirement: Bombay High Court refuses reinstatement
“If it was really a case of disability of the petitioner, then she ought to have approached the Commissioner under the Disabilities Act, as it is the Commissioner who has the power under the said Act to grant appropriate relief.”
Supreme Court deprecates State Inaction; Orders immediate restoration of suspended Rajasthan Pradhan
“In the normal course, we would not have entertained the petition of this nature, but the petitioner is seeking implementation of a relief that he has already got by invoking a remedy under Article 226”
Orissa HC awards compensation to workman unjustly dismissed from service by SBI for withdrawing money from deceased’s account
“In the absence of any clinching material showing the Workman’s involvement in the withdrawal of cash, he was inflicted with the punishment of dismissal from service, thus, raising doubts about the fairness of the enquiry conducted against him.”
Loss of Profit and Profitability: Distinct Concepts, Frequently Confused
by Ramkishore Karanam* and Preethi Sivaraman**
‘Removal from service is shockingly disproportionate’; MP High Court directs reconsideration of punishment for proven misconduct
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty
Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.
SC partly closes suo motu petition after MP HC conditionally reinstates 4 of 6 terminated female judicial officers
Regarding the reinstatement of other two judicial officers, the Court will hear the matter on 24-09-2024, as the Full Court decided to not revoke their earlier resolutions and would place the adverse remarks and other materials against them before the Supreme Court in a sealed cover.
Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee
If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.
‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC
By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.
‘Dispensing with inquiry should be an exception and not the rule’; P&H HC grants back wages to police officers who were reinstated after their dismissal
The Court observed that this was not the isolated case where the jurisdictional SSP of State had dispensed with inquiry. As soon as an FIR was registered against the police official, the jurisdictional SSPs opted to dispense with inquiry.
Bombay High Court reinstates government employee terminated by State issuing a stigmatic order without conducting enquiry
The Court referred to MAT’s finding that the petitioners were empowered to terminate the services of a probationer in case of misconduct, provided that such misconduct is proved after an opportunity of being heard is availed to the respondent. However, the same was not followed by the petitioners.
‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement
“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”
‘Not practised any fraud’; Calcutta High Court sets aside RPF Constable’s Discharge Order and directs Reinstatement
“The term ‘serious crime’ connotes a crime beyond the ordinary, inviting a more serious major punishment than what may be given in the case of a minor omission.”