October 2019

September 2019

Service Law—Recovery from salary—Civil Court has jurisdiction to examine whether the decision making process is in accordance with Rules or not.

By | September 13th, 2019|Service Cases|

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Service Law—Medical Reimbursement—Claim not to be rejected merely on the ground that the treatment was taken in non-panelled hospital or that instructions regarding reimbursement contained on the reverse page of the Referral Slip had not been followed

By | September 7th, 2019|Service Cases|

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Service Law—Dismissal from Service—Conviction under Criminal case- Discretion of authorities in exercise of power upon conviction of employee based on criminal charge—Directions issued to formulate to be take action based on set parameters in similar circumstances to be followed by different authorities in different cases having similar facts, charges and circumstances so as to bring closeness to uniformity in exercise of such discretion.

By | September 6th, 2019|Service Cases|

Comments Off on Service Law—Dismissal from Service—Conviction under Criminal case- Discretion of authorities in exercise of power upon conviction of employee based on criminal charge—Directions issued to formulate to be take action based on set parameters in similar circumstances to be followed by different authorities in different cases having similar facts, charges and circumstances so as to bring closeness to uniformity in exercise of such discretion.

July 2019

December 2018

Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

By | December 7th, 2018|Service Cases|

Comments Off on Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

September 2018

August 2018

Service Law–Punishment–Bank Employee had submitted certificate that she had passed CAIIB Part II Examination-in departmental enquiry and inquiry by Court it was found that said certificate was forged document-Order of dismissal from service cannot be held to be disproportionate.       

By | August 14th, 2018|Service Cases|

Comments Off on Service Law–Punishment–Bank Employee had submitted certificate that she had passed CAIIB Part II Examination-in departmental enquiry and inquiry by Court it was found that said certificate was forged document-Order of dismissal from service cannot be held to be disproportionate.       

Service Law–Termination–Notice of a mere 24 hours was given to the Respondent before the order of termination was passed–it was in clear violation of principles of natural justice as reasonable opportunity was not given to respondent to furnish her explanation-Termination order set aside.

By | August 14th, 2018|Service Cases|

Comments Off on Service Law–Termination–Notice of a mere 24 hours was given to the Respondent before the order of termination was passed–it was in clear violation of principles of natural justice as reasonable opportunity was not given to respondent to furnish her explanation-Termination order set aside.

Service Law-Gratuity—Withholding of—Recovery of Loss—Bank was justified in withholding the amount of gratuity and employer’s contribution towards provident fund to recover the financial loss caused by the employee

By | August 2nd, 2018|Service Cases|

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July 2018

Service Law—Superannuation—Parity-Assistant Public Prosecutors are not entitled to be treated at par with Public Prosecutors and other officers whose age of superannuation is specified at 60 years— The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

By | July 29th, 2018|Service Cases|

Comments Off on Service Law—Superannuation—Parity-Assistant Public Prosecutors are not entitled to be treated at par with Public Prosecutors and other officers whose age of superannuation is specified at 60 years— The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2-Dismissal-CompuIsory Retirement–Conversion of Punishment-Punishment of dismissal converted into compulsory retirement keeping in view 16 years of service of petitioner-Impugned order set aside

By | July 2nd, 2018|Service Cases|

Comments Off on Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2-Dismissal-CompuIsory Retirement–Conversion of Punishment-Punishment of dismissal converted into compulsory retirement keeping in view 16 years of service of petitioner-Impugned order set aside

Service Law—Appointment—New post of Chief Principal Secretary to the Chief Minister —Standing order that powers vested in Principal Secretary to Chief Minister would be exercised by ‘CPSCM’ during absence of Chief Minister-­Sovereign functions of the state cannot be delegated to a person who does not have the mandate of the people—Appointment held to be invalid and is set aside. Service Law—Appointment—Judicial Review—Requirements of Article 14 are attracted in sphere of contractual appointments as well. Service Law—Appointment—Judicial Review—While examining the validity of appointment of a person to a high official position in the State hierarchy, High Court is competent to consider whether a writ ‘in the nature’of quo-warranto needs to be issued.

By | July 1st, 2018|Service Cases|

Comments Off on Service Law—Appointment—New post of Chief Principal Secretary to the Chief Minister —Standing order that powers vested in Principal Secretary to Chief Minister would be exercised by ‘CPSCM’ during absence of Chief Minister-­Sovereign functions of the state cannot be delegated to a person who does not have the mandate of the people—Appointment held to be invalid and is set aside. Service Law—Appointment—Judicial Review—Requirements of Article 14 are attracted in sphere of contractual appointments as well. Service Law—Appointment—Judicial Review—While examining the validity of appointment of a person to a high official position in the State hierarchy, High Court is competent to consider whether a writ ‘in the nature’of quo-warranto needs to be issued.

June 2018

Service Law–Selection–NDA Course-Armed Forces-Candidate cleared the exam but was found unfit by medical board-Review from an independent body found him fit-Candidate permitted to join the course from next session as an exceptional case.                        

By | June 12th, 2018|Service Cases|

Comments Off on Service Law–Selection–NDA Course-Armed Forces-Candidate cleared the exam but was found unfit by medical board-Review from an independent body found him fit-Candidate permitted to join the course from next session as an exceptional case.                        

Service Law—Recovery of Loss—Withholding of retiral benefits—Recovery made without show cause notice—Once the appellant has accepted certain recoveries to be justified, there would be no occasion for him to insist on show cause notice

By | June 8th, 2018|Service Cases|

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May 2018

April 2018

February 2018

January 2018