December 2019

Service Law—Death in Harness—Ex gratia Compensation—Once the competent authority renders a positive declaration with regard to the attributability then administrative authorities normally should not reverse it   

By | December 22nd, 2019|Service Cases|

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Service Law—Disproportionate Punishment—Misconduct of consuming alcohol while travelling—Punishment of removal from service is highly disproportionate and harsh

By | December 22nd, 2019|Service Cases|

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Service Law—Pensionary Benefits—Delay in releasing—Petitioner held entitled for interest from the date the amount became due till the same are released favour of petitioner Service Law—Pensionary Benefits—Delay in releasing—Financial difficulty is not a valid ground to withhold the pensionary benefits of an employee

By | December 18th, 2019|Service Cases|

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Service Law—Disciplinary Proceedings—An officer against whose order an appeal has been preferred, cannot participate in the proceedings, where the appeal is being decided

By | December 15th, 2019|Service Cases|

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Service Law–Punishment–Punishment/Penalty imposed in a departmental proceedings takes effect prospectively from the date of its imposition and would not relate back to the period when the alleged offence/misconduct was committed–Judgment in Major Singh Gill’s does not lay the correct law hence overruled.     

By | December 7th, 2019|Service Cases|

Comments Off on Service Law–Punishment–Punishment/Penalty imposed in a departmental proceedings takes effect prospectively from the date of its imposition and would not relate back to the period when the alleged offence/misconduct was committed–Judgment in Major Singh Gill’s does not lay the correct law hence overruled.     

November 2019

Service Law—Leave Encashment—Employee who has been dismissed from service is not entitled for encashment of unutilized leaves

By | November 11th, 2019|Service Cases|

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Service Law—Departmental Enquiry—On same allegations once a competent court of law had recorded findings and that too before the enquiry report in the disciplinary proceedings the same cannot be over turned subsequently by an Enquiry Officer.

By | November 1st, 2019|Service Cases|

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Service Law—Family Pension—Wife’s right to family pension cannot be curtailed on account of misconduct of her husband being declared a proclaimed offender in a criminal case Presumption of being Dead—It would be counted from the date under person goes missing and not from date being declared dead by Civil Court

By | November 1st, 2019|Service Cases|

Comments Off on Service Law—Family Pension—Wife’s right to family pension cannot be curtailed on account of misconduct of her husband being declared a proclaimed offender in a criminal case Presumption of being Dead—It would be counted from the date under person goes missing and not from date being declared dead by Civil Court

October 2019

Service Law-Dismissal from service-Conviction in matrimonial dispute but matter was later compromised—Thus there was no occasion for the disciplinary authority to impose the extreme punishment of dismissal

By | October 31st, 2019|Service Cases|

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Service Law—Reinstatement—Even if fresh inquiry has been initiated after reinstatement, appellant is still entitled to all consequential benefits

By | October 25th, 2019|Service Cases|

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Service Law—Reinstatement—Once the charge-sheet was issued to the petitioner, then without completing the codal formalities of providing opportunity of being heard, petitioner cannot be dismissed from service

By | October 8th, 2019|Service Cases|

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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