Corruption Charge Not Proved, Yet Employee Removed: Delhi HC Sets Aside Penalty, Directs Reinstatement
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
Service Law
Supreme Court: Essential qualification cannot be relaxed by implication; higher qualification no substitute for mandatory experience
The terms of the recruitment rules and the advertisement form the basis of the selection process and are binding on both, the candidates as well as the recruiting agencies.
SC Partly Upholds Haryana Regularisation Policies: 2014 Notifications Valid, Subsequent Scheme for Backdoor Appointees Struck Down
The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment.
Discharge by criminal court bars subsequent disciplinary action: Supreme Court restores honour of dismissed Air Force Officer
Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
Presidential Order prevails over Battalion-wise seniority rules in Special Police Battalions: Telangana HC
“When the executive authority, entrusted with the implementation of the Service Rules, concedes their incompatibility with the governing constitutional instrument, the Court cannot sustain their validity.”
Denial of appointment despite availability of vacancies discriminatory; Supreme Court directs appointment with notional benefits
“In view of the plea of discrimination as taken and the response filed in the counter affidavit, it is clear that out of 16 candidates 3 could not join, therefore, those posts are available.”
Relaxation in qualifying exam doesn’t bar reserved category candidates’ migration to open category on merit unless expressly prohibited: Supreme Court
“TET only enables the reserved category candidates to participate in the main examination i.e. TAIT. No relaxation or concession has been granted to reserved category candidates in the main examination and their merit has been evaluated at par with general category candidates.”
Supreme Court strikes down Section 3(b) of J&K Civil Services Act insofar it excludes employees appointed on “Academic Arrangement Basis” from regularisation
“The State, as a model employer, cannot adopt artificial classifications to deny statutory benefits. Repackaging contractual engagements under a different nomenclature, while denying regularization, violates the equality mandate under Articles 14 and 16 of the Constitution.”
Madhya Pradesh HC directs Enquiry against Trial Court Judge for Non-Compliance with its Orders
“Although the Trial Court might be right in obtaining spot inspection report, but that report should have been considered after recording evidence of witnesses and the trial Court should have come to a conclusion as to whether temporary injunction order was breached by any of the parties or not, but nothing of that sort has been done.”
Ex gratia, leave encashment cannot be denied to sole legal heir married daughter: Madhya Pradesh HC grants relief to District Court driver’s daughter
“Ex gratia is not a legally mandatory payment like gratuity, it is discretionary, based on employer policy. The purpose of ex gratia is to provide immediate financial relief to the family of the deceased employee.”
Delhi High Court: No Interest Payable on Delayed Salary when delay attributable to employee’s own conduct
“Petitioner did not sign the pre-receipts, mandatory for drawing salary, and also did not submit his bank details. The petitioner’s own conduct and non-cooperative attitude contributed to the delay in release of payments.”
Removal from service for tweeting/re-tweeting corruption allegations against employer, disproportionate: Delhi HC set asides penalty
Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.
Succession certificate not mandatory for release of posthumous pension arrears where legal heirship is undisputed: Delhi HC
“In the absence of any rival or competing claims, and where the identity and entitlement of the legal heirs are clearly verified, the competent authority may release retiral benefits, pensionary dues, compensation.”
Supreme Court dismisses Centre’s plea on Retrospective Honorarium to Law Researchers
“The question of law is kept open to be decided in an appropriate case.”
Disability pension arrears can’t be restricted to three years once broad banding entitlement stands judicially settled: Supreme Court
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
Section 2(e) of Payment of Gratuity Act doesn’t apply to Central Govt. employees holding Civil Posts: Supreme Court
“The employees fall within the exclusionary clause of Section 2(e) of the PG Act. The result of such exclusion is that Sections 5 and 14 are not attracted in deciding on the applicability of the PG Act to the employees of HWP”
Targeted Vendetta & Institutional Bias vitiate Selection Process; Supreme Court grants relief to Ex-Army Officer; Imposes Rs 5 Lakh Cost
“The rule of law constitutes the foundation of a well-governed society, and the shadow of bias or mala fides in the exercise of power concerning public 33 functions strikes at the very root of a regulated social order.”
Medical Board’s bald plea of “lifestyle disorder” insufficient to deny disability pension: Delhi High Court
“A mere statement that the disease of a lifestyle disorder cannot be a sufficient reason to deny the grant of Disability Pension unless the Medical Board has duly examined and recorded the particulars relevant to the individual concerned.”
Wait-listed candidate has no vested right to appointment beyond the statutory life of reserve list: Supreme Court
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
Right to work | Expiry of selection panel can’t defeat substantive rights of a person with benchmark disability: Supreme Court
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”