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“It is well settled position of law that the imposition of punishment is a managerial function of the management and unless the punishment is so shocking or touches the conscience of the Court, it should not be interfered with by the Court.”
“The alleged termination order of the petitioner, though said to be illegal and arbitrary, was not put to challenge either in the present or earlier writ proceeding.”
“It is one thing for this Court to hold that the original assessment is infirm to such an extent as to warrant reevaluation; it is quite another and indeed impermissible for it to delve into the academic merit of an answer and render its own evaluative opinion thereon.”
The Court stated that the Single Judge correctly assessed the sharp contradiction that crept in the policewoman’s work record as she received a commendation certificate the same year as the adverse remarks. The Single Judge also noticed that the Commissioner of Police made adverse remarks in the ACR while the Deputy Commissioner did not find anything amiss with her record.
Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
Explore the latest Cases reported in SCC’s High Court Cases (HCC)Volume on Industrial Dispute, Transfer of Employees, Departmental Enquiry, Compulsory Retirement and much more.
“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
The Court held that what was essential was that a candidate must possess knowledge in Elementary Education, for which there were two qualifications, i.e., Diploma in Elementary Education (D. El. Ed.) or Bachelor in Elementary Education (‘B. El. Ed.’).
“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”
“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.”
“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”
“The re-evaluation of the marks beyond the specified period at the discretion of the GPSC at any stage will be an anathema to the finalization/conclusion of the result. The final merit list or the result will always remain in the state of flux putting the career of the candidates at peril if such an approach, is allowed to be adopted.”
“This Court is inclined to dispose of this petition with a direction to the respondents No.2/3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Rules of 2013.”
“Acceptance of appointment, even under protest, amounts to exhaustion of the one-time benefit. There cannot be endless negotiation or choice in such appointments, which are an exception to the general rule of recruitment.”
The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.
“The nominee is nothing but a trustee who holds money on behalf of all the legal representatives.”
Criminal Procedure Code, 1973 — S. 439 — Grant of bail: Effect, when respondent-accused committed similar offence during bail
“An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is a hard-earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per Article 300-A of the Constitution.”
Civil Procedure Code, 1908 – Or. 6 R. 17 – Amendment of plaint — Continuous cause of action
“A person’s identity is not lost when he is not recognized by a machine, and in such circumstances, his claim has to be verified on the basis of the documents which he possesses regarding his identification.”