Service Matter
Bank loan – Employee was posted in the field – Fraud – Cannot take benefit of the fact that the sanctioning authority has been let off the hook – Service matter.
Bank loan - Employee was posted in the field - It was his primary duty to be careful while recommending...
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Bank loan – Bank Employees Working as a Field Officer – False reports – Service matter
Bank loan - Bank Employees Working as a Field Officer - It has come on the record that while recommending...
Read moreRetiral benefits – Retiral benefits are not just what one accumulates during the length of service to be utilised in the mature years of one’s life but they also are earned for the dependant family members to provide them financial security even after the demise of the retired employee.
Service matter - Retiral benefits - Retiral benefits are not just what one accumulates during the length of service to...
Read moreService matter – Punishment – Different yard-stick for different regular employees – Very hard for us to digest the gross variance in choosing not to departmentally proceed against some employees and on the other hand awarding extreme punishment to others.
Service matter - Punishment - Different yard-stick for different regular employees - Technical papers - Petitioner co-author alongwith others -...
Read moreService matter – Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law – – Punishment – Doctrine of proportionality – It would be extremely harsh and would rather cause injustice to the petitioner in wiping out his entire retiral benefits, which have accrued to him over a span of 3 decades
Service matter - Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law - ...
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Whether principle of estoppel and acquiescence will prevail over statutory service rules prescribing the procedure for promotion of ClassIV employees to ClassIII working in the Banaras Hindu University BHU, Varanasi, a Central University? Principle is that principle of estoppel cannot override the law.
Constitution of India, Arts.226, 16 – Evidence Act (1872), S.115 – Promotion of Class-IV employees to Class-III – Whether principle...
Read moreAssistant District Attorney – Ineligible for appointment to the post of Additional District Judge
Mr. Ankur Sidhar and Mr. Rajesh Khandelwal, for the petitioner. Mr. Raminder Singh for Mr. Rajeev Anand, for respondent Haryana...
Read moreJudicial review – Is not an appeal from a decision but a review of the manner in which the decision is made – Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eyes of the court – The court/tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence.
A three-Judge Bench has held that power of judicial review is not an appeal from a decision but a review...
Read moreCompassionate appointment – Object and purpose – application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case –
Compassionate Appointment - If the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or...
Read moreJudicial review – Departmental enquiry – High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant.
In the case of Nand Kishore Prasad , after considering other decisions of this Court on judicial review and the...
Read moreJudicial review – Administrative orders – Interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry while exercising jurisdiction under Article 226 of the Constitution.
Court held that interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation...
Read moreCompassionate Appointment – authorities must consider and decide such applications not beyond a period of six months
Compassionate Appointment - Considering the object and purpose of appointment on compassionate grounds, i.e., a family of a deceased employee...
Read moreCompassionate Appointment – Conflict of view, as to whether the scheme/rules in force on the date of death of the government servant would apply or the scheme/rules in force on the date of consideration – On facts – Rules, which were applicable at the time when the deceased employee died and the appellant herein made an application for appointment would apply
Compassionate Appointment - Conflict of view, as to whether the scheme/rules in force on the date of death of the...
Read moreAd hoc employee – An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed.
Service Law – Appointment – Ad hoc employee - An ad hoc employee cannot be replaced by another ad hoc...
Read moreContractual employee – Termination of service before the expiry of their contract period, the remedy in that regard is to claim damages and not to ask for being allowed to do work
Contractual employee - Constitution of India, Article 226 – It may be observed here that if the petitioners nurse a...
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