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“The decision to reject the claim on technical grounds, despite their own acknowledgment of administrative fault, reflects a hyper-technical and insensitive approach inconsistent with the welfare nature of the ex-gratia scheme.”
The State accepted notice and sought time to obtain instructions as to “why action has not been taken against the anti-social elements who have broken the statue of Dr. Ambedkar on the night of 10-02-2025.”
“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”
“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”
The Court observed that merely for being deployed in Assam, IPS Officers could not be denied benefit under 2007 Rules applicable across the board to their ilk serving across the country.
The Trial Court partly decreed the challenge against Constable’s discharge and held the discharge order illegal on the ground of being passed in violation of principles of natural justice.
Madras High Court said that the authorities failed to consider that there are no other criminal antecedents against the petitioner and this particular crime has nothing to do with any criminal implication, as he had only exercised his fundamental right to protest by participating in the protest organized by his fellow students and it will not have any implication as to the nature of the job for which he has applied.
The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.