December 2019

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|

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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|

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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|

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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|

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September 2018

Service law—Appointment—Police Service—Scrapping of Limited Competitive Examination(LCE)–Plea of promissory estoppel—Held; principle of promissory estoppel can only be invoked by a person who has changed his position to his detriment on the basis of the promise held out to him

By | September 13th, 2018|Service Cases|

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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|

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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|

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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|

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