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“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
Supreme Court noted that as per the employee in the case at hand, comes within the meaning of “workman” as given in Section 2(s) of the I.D. Act and the management without following the legal procedure, relieved him from service abruptly and hence, the same is illegal termination.
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.
Khaitan & Co, a leading full-service law firm has announced boosting its employment practice with the addition of two key Partners. Avik
EBC Author and Partner at Fox Mandal & Associates, Saurabh Bindal has been appointed as an Adjunct Professor of Law at Manipal
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether