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Court Judgements on Service Matters

Court Judgements On Service Matters

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Recent Judgements   

> It is a settled legal proposition that a departmental enquiry can be quashed on the ground of delay provided the charges are not very grave. – SC Judgment dated 29.04.2013 – Shri Anant R. Kulkarni Vs. Y.P. Education Society & Ors.
> Consideration for promotion a fundamental right.SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
> The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law. –  SC Judgment dated 05.09.2013 – Union of India & Ors. Vs. B.V. Gopinath

  • SC: “These temporary and badli workers, who are entitled for regularization as permanent workmen in terms of our March 18, 2015 judgment by applying the terms and conditions of the modified award of August 26, 1988, passed by Justice Jamdar, are held to be entitled to full back wages. However, keeping in mind the immense financial burden this would cause to LIC, we deem it fit to modify the relief only with regard to the back wages payable and therefore, we award 50% of the back wages with consequential benefits. The back wages must be calculated on the basis of the gross salary of the workmen, applicable as on the date as per the periodical revisions of pay scale as stated supra.” – SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr.

  • Hon’ble Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.  SC Judgment dated 21.07.2016 – Avtar Singh Vs. Union of India & Ors.

  • SC: “The issue which arises in such cases is whether there are circumstances from which an inference that extraneous considerations have actuated a judicial officer can legitimately be drawn. Such an inference cannot obviously be drawn merely from a hypothesis that a decision is erroneous. A wrong decision can yet be a bona fide error of judgment. Inadvertence is consistent with an honest error of judgment. A charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact. … …” – SC Judgment dated 12.07.2016 – R.R. Parekh Vs. High Court of Gujarat & Anr. – [Disciplinary Action against authorities exercising judicial/quasi-judicial functions]

A. Supreme Court Judgements – Subject-Wise
B. High Court Judgments
C. CAT Judgements

A. Supreme Court Judgements – Subject-Wise

ACRs * Appointment * Charge-Sheet * Compassionate Appointment * Delay in Disciplinary Proceedings/Inquiry * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Disciplinary action for lapses while discharging judicial/quasi-judicial functions * Disciplinary Authority/Power to Institute Disc. Proceedings* Ex Parte Inquiry * Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution * In case of minor penalty, due promotion to be granted in accordance with the rules * Indiscipline – Misbehaviour * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review – Limitations * Labour Court/Tribunal Award * Leave Rules – Child Care Leave * Major Penalty without Inquiry * Misappropriation * Natural Justice – Quasi-Judicial Authority – Administrative Authority * Pension and Gratuity * Promotion – RRs * Prevention of Corruption Act, 1988 * Punishment to be commensurate with Articles of Charge * Punishment under the PC Act * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Res Judicata * Retirement Age * Second Marriage * Seniority – Ad Hoc Service * Sexual Harassment * Simultaneous Proceedings * Suspension * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * VRS – Withdrawal of Voluntary Retirement * Uncategorized

ACRs

  SC Judgment dated 23.04.2013 - Sukhdev Singh Vs. Union of India and Others (148.9 KiB, 1,840 hits)

Appointment

— Appointment on bogus certificates set aside

  SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 2,966 hits)

— Non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.

  SC Judgment dated 21.07.2016 - Avtar Singh Vs. Union of India & Ors. (384.7 KiB, 626 hits)

Charge-Sheet
The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law.

  SC Judgment dated 05.09.2013 - Union of India & Ors. Vs. B.V. Gopinath (289.7 KiB, 9,294 hits)

Compassionate Appointment

— No compassionate appointment without qualification

  SC Judgment dated 20.02.2015 - The Rajasthan State Road Transport Corporation and others Vs. Revat Singh (174.5 KiB, 2,768 hits)

 

Denial of Reasonable Opportunity – Bias

  SC Judgment dated 18.10.2000 - Kumaon Mandal Vikas Nigam Ltd. Vs. Girja Shankar Pant & Ors. (54.2 KiB, 1,202 hits)

Delay in Disciplinary Proceedings/Inquiry

— It is a settled legal proposition that a departmental enquiry can be quashed on the ground of delay provided the charges are not very grave.

  SC Judgment dated 29.04.2013 - Shri Anant R. Kulkarni Vs. Y.P. Education Society & Ors. (275.4 KiB, 1,974 hits)

— SC: “… … we are of the considered view that every employer (whether State or private) must make sincere endeavour to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded with six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the limit frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.”

  SC Judgment dated 16.12.2015 - Prem Nath Bali Vs. Registrar, High Court of Delhi & Anr. (185.6 KiB, 1,810 hits)

Departmental Inquiry to be conducted in the preferred language of the employee

  SC Judgment dated 01.05.2013 - Mithilesh Kumar Singh Vs. Union of India & Others (30.8 KiB, 1,089 hits)

Disciplinary action authorities discharging judicial/quasi-judicial functions

  SC Judgment dated 27.01.1993 - Union of India Vs. K.K. Dhawan (46.1 KiB, 1,634 hits)

Disciplinary Authority/Power to Institute Disc. Proceedings 

  SC Judgment dated 15.10.2012 - UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 1,074 hits)

Ex Parte Inquiry

  SC Judgment dated 14.01.2013 - State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 967 hits)

Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution

  SC Judgment dated 31.08.2012 - NCT of Delhi Vs. Ajay Kumar Tyagi (99.8 KiB, 1,317 hits)

In case of minor penalty, due promotion to be granted in accordance with the rules

  SC Judgment dated 30.07.2013 - DHBVNL, Vidhyut Nagar, Hisar & Others V. Yashvir Singh Gulia (163.7 KiB, 2,282 hits)

Indiscipline – Misbehaviour

  SC Judgment dated 24.09.2013 - Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 3,295 hits)

 
Investigation of Corruption Charges against against JS and above rank Officers

  SC Judgment dated 06.05.2014 - Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & Anr. (477.7 KiB, 2,990 hits)

Judicial Review – Limitations

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 7,234 hits)

  SC Judgment dated 14.08.2014 - The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 2,860 hits)

Labour Court/Tribunal Award

  SC Judgment dated 09.08.2016 - Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr. (243.2 KiB, 528 hits)

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 7,234 hits)

Leave Rules

— Child Care Leave

  SC Judgment dated 15.04.2014 - Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 2,777 hits)

Major Penalty without Inquiry

  SC Judgment dated 13.05.2014 - Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 3,402 hits)

Misappropriation

  SC Judgment dated 05.01.2015 - Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 2,939 hits)

Natural Justice

— Quasi-Judicial Authority-Administrative Authority-Natural Justice

  SC Judgment dated 18.03.2013 - Nirmal J. Jhala Vs. State of Gujarat & Anr. (442.3 KiB, 3,522 hits)

  SC Judgment dated 29.04.1969 - A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 2,492 hits)

Pension/Gratuity

— Disability Pension – “A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same.” … “Since the disability has in each case been assessed at more than 20%, their claim to disability pension could not have been repudiated by the appellants.” –

  SC Judgment dated 13.02.2015 - Union of India & Anr. Vs. Rajbir Singh (222.7 KiB, 7,117 hits)

Pension and GratuityPension can not be can not be denied without the authority of law 

  SC Judgment dated 14.08.2013 - State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr (242.4 KiB, 1,148 hits)

 — Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

  SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 3,235 hits)

  Promotion

— Consideration for Promotion Consideration for promotion a fundamental right.

  SC Judgment dated 09.01.2014 - Major General H.M. Singh, VSM Vs. Union of India and Anr. (235.1 KiB, 8,183 hits)

RRs

  SC Judgment dated 23.08.2013 - Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 1,250 hits)

Punishment

— Punishment to be commensurate with Articles of Charge

  SC Judgment dated 03.01.2014 - Ishwar Chandra Jayaswal Vs. Union of India & Ors (169.2 KiB, 4,260 hits)

Prevention of Corruption Act,1988

According to the Supreme Court, they are of the opinion that the courts below have erred in law in holding that accused Ramesh Gelli and Sridhar Subasri, who were Chairman/Managing Director and Executive Director of GTB (Global Trust Bank) respectively, were not public servants for the purposes of Prevention of Corruption Act, 1988.

  SC Judgment dated 23.02.2016 - CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others (205.1 KiB, 1,013 hits)

Punishment under the PC Act

Section 13 of the PC Act

“… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.” 

  SC Judgment dated 14.09.2015 - P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable) (224.2 KiB, 1,361 hits)

  SC Judgment dated 14.11.2014 - Anotony Cardoza Vs. State of Kerala (150.1 KiB, 5,307 hits)

Recovery
Courts can’t order recovery after quashing appointment

  SC Judgment dated 01.11.2013 - Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo & Ors. (316.0 KiB, 3,346 hits)

No recovery of overpayment of salary in higher scale if there was no misrepresentation made by the appellant/employee

  SC Judgment dated 16.12.2008 - Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. (163.4 KiB, 3,610 hits)

  SC Judgment dated 19.09.1994 - Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 510 hits)

— Hon’ble SC has summarized 5 situations, “wherein recoveries by the employers, would be impermissible in law.”

  SC Judgment dated 18.12.2014 - State of Punjab and other etc. Vs. Rafiq Masih (White Washer) etc. (212.2 KiB, 5,825 hits)

Reinstatement – Salary

  SC judgement dated 22.08.2012 - R.S. Misra Vs. Union of India and Others (177.9 KiB, 1,587 hits)

Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose

  SC Judgment dated 29.01.2014 - State of Maharashtra Vs. Vijay Kumar Aggarwal & Anr. (186.1 KiB, 2,781 hits)

Reservation

Benefit on Reconversion 

  SC Judgment dated 26.02.2015 - K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate (331.3 KiB, 6,784 hits)

— DOPT O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 regarding lower qualifying marks, lesser standard of evaluation for SC/ST candidates for reservation in promotion is declared illegal.

  SC Judgment dated 15.07.2014 - Rohtas Bhankhar & Others Vs. Union of India and Another (201.2 KiB, 4,521 hits)

Reservation for Jats Quashed

  SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 6,853 hits)

— Reservation for PWDs and Other Judgements

Three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts

  SC Judgment dated 30.06.2016 - Rajeev Kumar Gupta & Others Vs. Union of India & Others (328.0 KiB, 755 hits)

  SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 4,365 hits)

  SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 3,144 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 3,880 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 682 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 1,168 hits)

— Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks

  SC Judgment dated 08.01.2016 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (286.3 KiB, 1,388 hits)

  SC Judgement dated 09.01.2015 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (325.0 KiB, 10,484 hits)

Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 4,810 hits)

Others

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 3,880 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 682 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 1,168 hits)

Res Judicata

  SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 2,966 hits)

Retirement Age

  SC Judgment dated 24.09.2014 - Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 3,442 hits)

Second Marriage

  SC Judgment dated 09.02.2015 - Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 7,228 hits)

Seniority – Ad Hoc Service

  SC judgement dated 22.08.2012 - State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 2,186 hits)

Sexual Harassment at Workplace

  SC Judgment dated 18.12.2014 - Additional District and Sessions Judge 'X' Vs. Registrar General, High Court of Madhya Pradesh and others (378.3 KiB, 5,617 hits)

  SC Judgment dated 19.10.2012 - Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 717 hits)

  SC Judgment dated 20.01.1999 - Apparel Promotion Council Vs. A.K. Chopra (46.0 KiB, 1,090 hits)

  SC Judgment dated 13.08.1997 - Visakha & Ors. Vs. State of Rajasthan & Others (37.3 KiB, 533 hits)

Simultaneous Proceedings

An employee, sacked following disciplinary proceedings, cannot seek reinstatement as a “matter of right” after acquittal from a criminal court on the same charges 

  SC Judgement dated 28.11.2013 - State of West Bengal & Ors. Vs. Sankar Ghosh (184.7 KiB, 3,990 hits)

Suspension
… the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension.”

  SC Judgment dated 16.02.2015 - Ajay Kumar Choudhary Vs. Union of India & Anr. (231.4 KiB, 5,887 hits)

 
Termination

  SC Judgment dated 13.01.2015 - Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 7,127 hits)

 Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.)

  SC Judgment dated 31.10.2013 - T.S.R. Subramanian & Ors. Vs. Union of India & Ors. (290.3 KiB, 4,308 hits)

Unauthorized Absence

— Unauthorised Absence

  SC Judgment dated 15.02.2012 - Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 1,219 hits)

Unauthorised Absence on Medical Grounds

  SC Judgment dated 07.07.2014 - Chhel Singh Vs. M.G.B. Gramin Bank Pali & Ors (134.3 KiB, 3,176 hits)

Unconditional Apology

  SC Judgment dated 29.07.2013 - Lucknow K. Gramin Bank (Now Allahabad, UP Gramin Bank) & Anr. Vs. Rajendra Singh (217.8 KiB, 706 hits)

VRS Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

  SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 3,235 hits)

Withdrawal of Voluntary Retirement 

  SC Judgment dated 22.07.2008 - Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 3,016 hits)

Uncategorized

  SC Judgement dated 19.08.2011 - State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 916 hits)

  SC judgement dated 01.03.2011 - State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 1,033 hits)

  SC judgement dated 27.08.2010 - Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 2,298 hits)

  SC judgement dated 18.08.2010 - Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 1,787 hits)

  SC Judgement dated 13.08.2010 - State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 1,175 hits)

  SC Judgement dated 12.08.2010 - M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 1,260 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 3,880 hits)

  SC Judgment dated 19.12.2008 - Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,398 hits)

  SC Judgment dated 29.10.1971 - Union of India Vs. Sardar Bahadur (34.2 KiB, 1,267 hits)

B. High Court Judgements
Compulsory Retirement * Delay in conducting departmental inquiry * Habitual Indebtedness * Pension * Reservation for PWDs

Compulsory Retirement“… the order of compulsory retirement is not to be treated as a punishment and carries no stigma. The rule of compulsory retirement has been held to hold the balance between the rights of the individual government servant and the interest of the public administration.”  

  Bombay High Court Judgement dated 07.05.2014 - Mahesh Prabhakar Kamat Vs. Kamba Transport Corporation Ltd., Goa, & Others (149.6 KiB, 2,060 hits)

Delay in conducting departmental inquiry

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 2,339 hits)

Indebtedness

  Delhi High Court Judgment dated 21.12.2012 - G.C. Verma Vs. UOI and Ors. (47.7 KiB, 486 hits)

Pension 

  Delhi High Court Judgment dated 26.03.2015 - N. Bhardwaja Vs. Union of India & Ors. (221.8 KiB, 1,714 hits)

Reservation for PWDs

  Bombay HC judgement dated 04.12.2013 - National Confederation for Development of Disabled & Anr. (132.5 KiB, 6,292 hits)

  Punjab & Haryana High Court Judgement dated 15.07.2011 - Lachhmi Narain Gupta & others Vs. Jarnail Singh and others (176.8 KiB, 489 hits)

C. CAT Judgements

  Report - Analysis of Cases Disposed of by the CAT (As on DOPT website - 17.04.2014) (655.3 KiB, 1,823 hits)


Charge-Sheet & Annexures must be signed by the Disciplinary Authority on each page

  CAT Judgement dated 27.02.2012 - C. Punnusamy Vs. Union of India & Ors. (18.9 KiB, 3,207 hits)

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