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Tag Archives: supreme court judgements on service matters

Supreme Court Judgments

More:  Latest DOPT/CVC/RTI/MOF/CGHS/DPE/RAILWAY/RBI/IRDA Circulars/Orders; News * Court Judgments on Service Matters * High Court Judgements * NCDRC/Consumer Forum Judgements  * Vigilance Clearance * Right to Information Circulars/Orders/Decisions * Decisions of Central Information Commission – Section-Wise and Subject-Wise * CGHS Circulars/Empanelled Hospitals/Package Rates * Verification of SC/ST/OBC Caste Status or Claims of SCs, STs and OBCs 

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Recent SC Judgements 

* Consideration for promotion a fundamental right. – SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
* Medical Negligence Case
- SC Judgment dated 24.10.2013 – Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another

* 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 * The Court or police/CBI cannot impound a passport. – SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I.

“… … we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned.” The Government’s notification bearing No. 63 dated 4.3.2014 including the Jats in the Central List of OBCs has been set aside and quashed. – SC Judgment dated 17.03.2015 – Ram Singh & Ors. Vs. Union of India
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
Suspension Order should not extend beyond three months
–  SC Judgment dated 16.02.2015 – Ajay Kumar Choudhary Vs. Union of India & Anr.
Benefits of Reservation on Reconversion  - SC: “we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.” –
SC Judgment dated 26.02.2015 – K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate No compassionate appointment without qualification - SC Judgment dated 20.02.2015 – The Rajasthan State Road Transport Corporation and others Vs. Revat Singh
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 Appointment on bogus certificates set aside –  SC Judgment dated 11.02.2015 – Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors.
Second marriage during the currency of first marriage
- A practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25. – SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors.
The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid. - SC Judgment dated 28.01.2015 – Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others
Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.”
SC Judgment dated 20.01.2015 – Manik Taneja & Anr. Vs. State of Karnataka & Anr.
Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws.SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp.
If the order of termination is void ab initio, the workman is entitled to full back wages. – SC Judgment dated 13.01.2015 – Jasmer Singh Vs. State of Haryana & Anr.
Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector BanksSC Judgement dated 09.01.2015 – Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors.
The amount misappropriated may be small or large, it is the act of misappropriation that is relevant. –
SC Judgment dated 05.01.2015 – Diwan Singh Vs. Life Insurance Corporation of India & Others
The Chief Justice of the High Court, having assumed a firm position, in respect of certain facts contained in the complaint filed by the petitioner, ought not to be associated with the “inhouse procedure” in the present case. …”
- SC Judgment dated 18.12.2014 – Additional District and Sessions Judge ‘X’ Vs. Registrar General, High Court of Madhya Pradesh and others
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.
Punishment under Section 13 of the Prevention of Corruption ActSC Judgment dated 14.11.2014 – Antony Cardoza Vs. State of Kerala
SC: “Special leave petition is dismissed.” -  SC Order dated 12.09.2014 – Union of India and Others Vs. National Confederation for Development of Disabled & Anr. (Arising out of final judgment and order dated 04.12.2013 passed by the High Court of Bombay)Bombay HC judgement dated 04.12.2013 – National Confederation for Development of Disabled & Anr. - Hon’ble Bombay High Court has directed to give benefits of reservation to PWDs in the matter of promotion to posts in the IAS by applying the O.M. dated 29 December 2005 and subsequent Office Memorandum consistent with the aforesaid judgment dated 8 October 2013 of the Supreme Court.
“… … it is extremely difficult to visualize that the High Court, on the first occasion, without having a lis before it in that regard, could even have thought of issuing a command to the Census Department to take all such measures towards conducting the caste-wise census in the country so that the social justice in its true sense, which is the need of the hour, could be achieved. This, irrefragably, is against the power conferred on the court. The High Court had not only travelled beyond the lis in the first round of litigation, but had really yielded to some kind of emotional perspective, possibly paving the adventurous path to innovate. It is legally impermissible. …”
SC Judgment dated 07.11.2014 – Census Commissioner & Others Vs. R. Krishnamurthy

“… … the classification made by the Government of India for purposes of different retirement age for Time Scale Officers and Select Officers does not stand scrutiny on the touchstone of Articles 14 and 16 of the Constitution as rightly held by the Tribunal.” – SC Judgment dated 24.09.2014 – Union of India & Ors. Vs. Atul Shukla etc. 
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 Bhakhar & Others Vs. Union of India and Another The order of dismissal passed by the Superintendent of Police dispensing with the inquiry was totally unsustainable and has been annulled. 
SC Judgment dated 13.05.2014 – Risal Singh Vs. State of Haryana & Ors. SC: Judges can recall orders passed in open courts – Supreme Court’ Order dated 06.05.2014 – Kushalbhai Ratanbhai Rohit & Ors. Vs. State of Gujarat
The Supreme Court has struck down a single directive provision which barred CBI from investigating corruption charges against joint secretary and above rank officers without prior permission of the Centre. –
SC Judgment dated 06.05.2014 – Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & Anr.
Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.
SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others
Child Care Leave SC Judgment dated 15.04.2014 – Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors.
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.
Consideration for promotion a fundamental right.
SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
Punishment must be given according to chargesSC Judgment dated 03.01.2014 – Ishwar Chandra Jayaswal Vs. Union of India & Ors. Supreme Court makes homosexuality a crime again – SC Judgement dated 11.12.2013 – Suresh Kumar Koushal and another Vs. Naz Foundation and others 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  Live-In Relationship –  SC Judgement dated 26.11.2013 – Indra Sarma Vs. V.K.V. Sarma 
* Courts can’t order recovery after quashing appointment –  SC Judgment dated 01.11.2013 – Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo & Ors.
* Medical Negligence Case - SC Judgment dated 24.10.2013 – Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another

* Transparency in Services (Minimum fixed tenure, recording of oral directions/instructions, etc.)SC Judgment dated 31.10.2013 – T.S.R. Subramanian & Ors. Vs. Union of India & Ors. Reservation for PWDs - SC Judgment dated 08.10.2013 – Union of India & Ors. Vs. National Federation of the Blind & Ors. Cooperative Societies not covered under the RTI ActSC Judgment dated 07.10.2013 – Thalappan Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others Indiscipline – MisbehaviourSC Judgment dated 24.09.2013 – Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation Quasi-Judicial Authority-Administrative Authority-Natural JusticeSC Judgment dated 18.03.2013 – Nirmal J. Jhala Vs. State of Gujarat & Anr.. SC Judgment dated 29.04.1969 – A.K. Kraipak & Ors, etc. Vs. Union of India & Ors.. No recovery of the excess amount paid to the employees due to erroneous pay fixation done by the authorities - SC Judgment dated 16.12.2008 – Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. Sec.8(1)(j) of RTI Act, 2005SC Judgment dated 16.04.2013 – R.K. Jain Vs. Union of India & Anr..
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Census (Caste-Based)
Consumer
Criminal Law Criminal Intimidation * Facebook Comments * Quashing of FIR
DRT Act & SARFAESI Act
Education
Homosexuality
Insurance
Live-In Relationship
Passport
RTI Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20 To see High Court Judgments relating to RTI, please click here.
Service Matters

ACRs * Appointment * Charge-Sheet * Compassionate Appointment * 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 * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review – Limitations * Labour Court Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Punishment under the PC Act – Section 13 * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Seniority – Ad Hoc Service * Retirement Age * Second Marriage * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * VRS – Withdrawal of Voluntary Retirement * Uncategorized

To see High Court Judgments on Service Matters, please click here. Transgender (TG) Community Others/Uncategorized
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CENSUS (CASTE-BASED)

  SC Judgment dated 07.11.2014 – Census Commissioner & Others Vs. R. Krishnamurthy (288.9 KiB, 78 hits)

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CONSUMER
— Medical Negligence Case

  SC Judgment dated 24.10.2013 – Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another (762.0 KiB, 1 hits)

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CRIMINAL LAW
Criminal Intimidation * Facebook Comments * Quashing of FIR

Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.”

  SC Judgment dated 20.01.2015 – Manik Taneja & Anr. Vs. State of Karnataka & Anr. (198.0 KiB, 56 hits)

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DRT ACT & SARFAESI ACT
— Definition of NPA – The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid.

  SC Judgment dated 28.01.2015 – Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others (392.3 KiB, 117 hits)

— Others

  SC judgment dated 18.03.2011 – Narayan Chandra Ghosh Vs. UCO Bank & Others (137.2 KiB, 463 hits)

  SC Judgment dated 07.02.2011 – Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. (176.8 KiB, 398 hits)

  SC judgement dated 26.07.2010 – Union Bank of India vs. Satyawati Tondon and others (153.3 KiB, 1,034 hits)

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EDUCATION

  SC Judgment dated 01.11.2012 – NCTE and another Vs. Venus Public Education Society and others (335.7 KiB, 250 hits)

  SC Judgment dated 10.7.2012 – Jaipuria Institutes of Management & Ors. Vs. AICTE (13.4 KiB, 204 hits)

  Supreme Court Judgment dated 11.02.2005 – Prof. Yashpal & another Vs. State of Chhattisgarh & Others (2.7 MiB, 264 hits)

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HOMOSEXUALITY  

  SC Judgement dated 11.12.2013 – Suresh Kumar Koushal and another Vs. Naz Foundation and others (601.9 KiB, 254 hits)

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INSURANCE

  SC judgement dated 31.08.2010 – Yadava Kumar vs. National Insurance Co. Ltd. & another (121.8 KiB, 411 hits)

  SC judgement dated 22.07.2010 – Arun Kumar Agarwal & anr. vs. National Insurance Co. Ltd. & others (306.9 KiB, 417 hits)

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LIVE-IN RELATIONSHIP

  SC Judgement dated 26.11.2013 – Indra Sarma Vs. V.K.V. Sarma (328.4 KiB, 358 hits)

  SC Judgment dated 21.10.2010 – D. Velusamy Vs D. Patchnaiammal – Live-in relationship (136.6 KiB, 844 hits)

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PASSPORT

  SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I. (19.2 KiB, 332 hits)

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RTI
Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20

Sec. 8(1)(g)

  SC judgement dated 13.12.2012 – Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 500 hits)

Sec. 8(1)(j)

  SC Judgment dated 03.10.2012 – Girish Chandra Deshpande Vs. Central Informtion Commissioner & Ors. (177.5 KiB, 455 hits)

  SC Judgment dated 16.04.2013 – R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 373 hits)

Sec. 10

  SC judgement dated 13.12.2012 – Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 500 hits)

Sec. 11

  SC Judgment dated 16.04.2013 – R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 373 hits)

Sec. 20 — “Ordering withdrawal of the departmental action, if any, initiated against the PIO, the Hon’ble Supreme Court directed the State Information Commission to decide the appeal filed by the PIO before it on merits and in accordance with law.”

  SC Judgment dated 13.12.2012 – Manohar v. State of Maharashtra & Anr. (245.8 KiB, 151 hits)

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Cooperative Societies not covered under the RTI Act 

  SC Judgment dated 07.10.2013 – Thalappan Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others (324.2 KiB, 454 hits)

Doctrine of Precedence

  SC Judgment dated 13.09.2012 – Namita Sharma Vs. Union of India (683.3 KiB, 316 hits)

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Uncategorized

  Supreme Court Judgment dated 02.09.2011 – Institute of Chartered Accountants of India Vs. Shaunak H. Satya & Ors. (198.3 KiB, 279 hits)

  Supreme Court Judgment dated 09.08.2011 – CBSE & Another Vs. Aditya Bandopadhyay & Ors. (264.4 KiB, 423 hits)

  Supreme Court Judgment dated 18.04.2011 – P.C. Wadhwa Vs Central Information Commission and Ors. (26.2 KiB, 255 hits)

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SERVICE MATTERS – SUBJECT-WISE

ACRs * Appointment * Charge-Sheet * Compassionate Appointment * 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 * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review * Labour Court Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice – Quasi-Judicial Authority – Administrative Authority * Passport * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Punishment under the PC Act – Section 13 * 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 * Seniority – Ad Hoc Service * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * Withdrawal of Voluntary Retirement * Uncategorized

ACRs

  SC Judgment dated 23.04.2013 – Sukhdev Singh Vs. Union of India and Others (148.9 KiB, 1,319 hits)

Appointment — Appointment on bogus certificate set aside

  SC Judgment dated 11.02.2015 – Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 157 hits)

Charge-SheetThe 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, 1,583 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, 99 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, 736 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, 740 hits)

Disciplinary action for lapses while discharging judicial/quasi-judicial functions

  SC Judgment dated 27.01.1993 – Union of India Vs. K.K. Dhawan (46.1 KiB, 721 hits)

Disciplinary Authority/Power to Institute Disc. Proceedings 

  SC Judgment dated 15.10.2012 – UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 606 hits)

Ex Parte Inquiry

  SC Judgment dated 14.01.2013 – State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 522 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, 821 hits)

Indiscipline – Misbehaviour

  SC Judgment dated 24.09.2013 – Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 997 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, 1,020 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, 417 hits)

Judicial Review – Limitations

  SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 157 hits)

  SC Judgment dated 14.08.2014 – The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 135 hits)

Labour Court Award

  SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 157 hits)

Leave Rules

Child Care Leave

  SC Judgment dated 15.04.2014 – Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 547 hits)

Major Penalty without Inquiry

  SC Judgment dated 13.05.2014 – Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 638 hits)

Misappropriation

  SC Judgment dated 05.01.2015 – Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 182 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, 985 hits)

  SC Judgment dated 29.04.1969 – A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 302 hits)

Passport

  SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I. (19.2 KiB, 332 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, 149 hits)

Pension and GratuityPension and Gratuity 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, 847 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, 84 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, 503 hits)

RRs 

  SC Judgment dated 23.08.2013 – Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 955 hits)

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, 1,276 hits)

Punishment under the PC Act — Section 13

  SC Judgment dated 14.11.2014 – Anotony Cardoza Vs. State of Kerala (150.1 KiB, 247 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, 930 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, 926 hits)

  SC Judgment dated 19.09.1994 – Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 317 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, 377 hits)

Reinstatement

- Salary

  SC judgement dated 22.08.2012 – R.S. Misra Vs. Union of India and Others (177.9 KiB, 1,270 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, 545 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, 133 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, 913 hits)

Reservation for Jats Quashed

  SC Judgment dated 17.03.2015 – Ram Singh & Ors. Vs. Union of India (365.7 KiB, 37 hits)

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

  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, 700 hits)

— Reservation for PWDs and Other Judgements

  SC Order dated 12.09.2014 – Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 224 hits)

  SC Judgment dated 08.10.2013 – Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 584 hits)

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  Supreme Court judgment dated 13.12.1999 – Indira Sawhney Vs. UOI (84.2 KiB, 325 hits)

  Supreme Court judgment dated 10.2.1995 – R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 457 hits)

Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 472 hits)

Others

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  Supreme Court judgment dated 13.12.1999 – Indira Sawhney Vs. UOI (84.2 KiB, 325 hits)

  Supreme Court judgment dated 10.2.1995 – R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 457 hits)

Res Judicata

  SC Judgment dated 11.02.2015 – Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 157 hits)

Retirement Age

  SC Judgment dated 24.09.2014 – Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 254 hits)

Second Marriage

  SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 198 hits)

Seniority – Ad Hoc Service

  SC judgement dated 22.08.2012 – State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 1,369 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, 188 hits)

  SC Judgment dated 19.10.2012 – Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 515 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, 1,194 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, 237 hits)

Termination

  SC Judgment dated 13.01.2015 – Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 262 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, 863 hits)

Unauthorized Absence

— Unauthorised Absence

  SC Judgment dated 15.02.2012 – Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 582 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, 251 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, 496 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, 84 hits)

Withdrawal of Voluntary Retirement 

  SC Judgment dated 22.07.2008 – Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 250 hits)

Others/UncategorizedJudges can recall orders passed in open courts

  Supreme Court’ Order dated 06.05.2014 – Kushalbhai Ratanbhai Rohit & Ors. Vs. State of Gujarat (237.1 KiB, 304 hits)

Uncategorized

  SC Judgement dated 19.08.2011 – State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 704 hits)

  SC judgement dated 01.03.2011 – State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 606 hits)

  SC judgement dated 27.08.2010 – Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 1,798 hits)

  SC judgement dated 18.08.2010 – Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 1,410 hits)

  SC Judgement dated 13.08.2010 – State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 870 hits)

  SC Judgement dated 12.08.2010 – M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 812 hits)

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  SC Judgment dated 19.12.2008 – Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,085 hits)

  SC Judgment dated 29.10.1971 – Union of India Vs. Sardar Bahadur (34.2 KiB, 980 hits)

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TRANGENDER (TG) COMMUNITY Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

  SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 472 hits)

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Court Judgements On Service Matters

More:Latest DOPT / CVC / RTI / MOF / CGHS / DPE / RBI / IRDA Circulars / Orders; News * Court Judgments (All) * Vigilance Related GOI/CVC Notifications/Office Orders/Circulars * Right to Information Circulars/Orders/Decisions * CGHS Circulars/Empanelled Hospitals/Package Rates

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Recent Judgements   

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

“… … we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned.” The Government’s notification bearing No. 63 dated 4.3.2014 including the Jats in the Central List of OBCs has been set aside and quashed. – SC Judgment dated 17.03.2015 – Ram Singh & Ors. Vs. Union of India
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
Suspension Order should not extend beyond three months
–  SC Judgment dated 16.02.2015 – Ajay Kumar Choudhary Vs. Union of India & Anr.
Benefits of Reservation on Reconversion  - SC: “… we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.” – SC Judgment dated 26.02.2015 – K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate
No compassionate appointment without qualificationSC Judgment dated 20.02.2015 – The Rajasthan State Road Transport Corporation and others Vs. Revat Singh
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
Appointment on bogus certificates set aside –  SC Judgment dated 11.02.2015 – Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors.
Second marriage during the currency of first marriage
- A practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25. – SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors.
Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws.SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp.
If the order of termination is void ab initio, the workman is entitled to full back wages. – SC Judgment dated 13.01.2015 – Jasmer Singh Vs. State of Haryana & Anr.
Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks – 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.
The amount misappropriated may be small or large, it is the act of misappropriation that is relevant. – SC Judgment dated 05.01.2015 – Diwan Singh Vs. Life Insurance Corporation of India & Others
The Chief Justice of the High Court, having assumed a firm position, in respect of certain facts contained in the complaint filed by the petitioner, ought not to be associated with the “inhouse procedure” in the present case. …” - SC Judgment dated 18.12.2014 – Additional District and Sessions Judge ‘X’ Vs. Registrar General, High Court of Madhya Pradesh and others
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.
Punishment under Section 13 of the Prevention of Corruption ActSC Judgment dated 14.11.2014 – Anotony Cardoza Vs. State of Kerala
SC: “Special leave petition is dismissed.” -  SC Order dated 12.09.2014 – Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (Arising out of final judgment and order dated 04.12.2013 passed by the High Court of Bombay)
Bombay HC judgement dated 04.12.2013 – National Confederation for Development of Disabled & Anr. - Hon’ble Bombay High Court has directed to give benefits of reservation to PWDs in the matter of promotion to posts in the IAS by applying the O.M. dated 29 December 2005 and subsequent Office Memorandum consistent with the aforesaid judgment dated 8 October 2013 of the Supreme Court.
“… … the classification made by the Government of India for purposes of different retirement age for Time Scale Officers and Select Officers does not stand scrutiny on the touchstone of Articles 14 and 16 of the Constitution as rightly held by the Tribunal.” – SC Judgment dated 24.09.2014 – Union of India & Ors. Vs. Atul Shukla etc. 
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 Bhakhar & Others Vs. Union of India and Another The order of dismissal passed by the Superintendent of Police dispensing with the inquiry was totally unsustainable and has been annulled. 
SC Judgment dated 13.05.2014 – Risal Singh Vs. State of Haryana & Ors.
… the order of compulsory retirement is not to be treated as a punishment and carries no stigma.” – Bombay High Court Judgement dated 07.05.2014 – Mahesh Prabhakar Kamat Vs. Kamba Transport Corporation Ltd., Goa, & Others
■ The Supreme Court has struck down a single directive provision which barred CBI from investigating corruption charges against joint secretary and above rank officers without prior permission of the Centre. –
SC Judgment dated 06.05.2014 – Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & Anr.
Report – Analysis of Cases Disposed of by the CAT (As on DOPT website – 17.04.2014)
Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.-  SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others
Child Care Leave SC Judgment dated 15.04.2014 – Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors.
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.
Punishment must be given according to charges
SC Judgment dated 03.01.2014 – Ishwar Chandra Jayaswal Vs. Union of India & 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.
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
Courts can’t order recovery after quashing appointment
SC Judgment dated 01.11.2013 – Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo & Ors.
Transparency in Services (Minimum fixed tenure, recording of oral directions/instructions, etc.)
SC Judgment dated 31.10.2013 – T.S.R. Subramanian & Ors. Vs. Union of India & Ors.
Reservation for PWDs – SC Judgment dated 08.10.2013 – Union of India & Ors. Vs. National Federation of the Blind & Ors.
Indiscipline – Misbehaviour – SC Judgment dated 24.09.2013 – Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation
Quasi-Judicial Authority-Administrative Authority-Natural JusticeSC Judgment dated 18.03.2013 – Nirmal J. Jhala Vs. State of Gujarat & Anr..
SC Judgment dated 29.04.1969 – A.K. Kraipak & Ors, etc. Vs. Union of India & Ors..
■ ‘Inordinate delay in conducting inquiry can be a valid ground for quashing the charges’ - Delhi High Court Judgement dated 02.07.2012 – Union of India & Anr. Vs. B.A. Dhayalan
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.   
No recovery of the excess amount paid to the employees due to erroneous pay fixation done by the authorities - SC Judgment dated 16.12.2008 – Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors.
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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 * 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 Award * Leave Rules – Child Care Leave * Major Penalty without Inquiry * Misappropriation * Natural Justice – Quasi-Judicial Authority – Administrative Authority * Pension and Gratuity * Promotion – RRs * 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, 1,319 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, 157 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, 1,583 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, 99 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, 736 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, 740 hits)

Disciplinary action for lapses while discharging judicial/quasi-judicial functions

  SC Judgment dated 27.01.1993 – Union of India Vs. K.K. Dhawan (46.1 KiB, 721 hits)

Disciplinary Authority/Power to Institute Disc. Proceedings 

  SC Judgment dated 15.10.2012 – UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 606 hits)

Ex Parte Inquiry

  SC Judgment dated 14.01.2013 – State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 522 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, 821 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, 1,020 hits)

Indiscipline – Misbehaviour

  SC Judgment dated 24.09.2013 – Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 997 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, 417 hits)

Judicial Review – Limitations

  SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 157 hits)

  SC Judgment dated 14.08.2014 – The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 135 hits)

Labour Court Award

  SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 157 hits)

Leave Rules
Child Care Leave

  SC Judgment dated 15.04.2014 – Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 547 hits)

Major Penalty without Inquiry

  SC Judgment dated 13.05.2014 – Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 638 hits)

Misappropriation

  SC Judgment dated 05.01.2015 – Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 182 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, 985 hits)

  SC Judgment dated 29.04.1969 – A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 302 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, 149 hits)

Pension and Gratuity -Pension 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, 847 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, 84 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, 503 hits)

RRs

  SC Judgment dated 23.08.2013 – Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 955 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, 1,276 hits)

Punishment under the PC ActSection 13

  SC Judgment dated 14.11.2014 – Anotony Cardoza Vs. State of Kerala (150.1 KiB, 247 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, 930 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, 926 hits)

  SC Judgment dated 19.09.1994 – Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 317 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, 377 hits)

Reinstatement – Salary

  SC judgement dated 22.08.2012 – R.S. Misra Vs. Union of India and Others (177.9 KiB, 1,270 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, 545 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, 133 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, 913 hits)

Reservation for Jats Quashed

  SC Judgment dated 17.03.2015 – Ram Singh & Ors. Vs. Union of India (365.7 KiB, 37 hits)

Reservation for PWDs and Other Judgements

  SC Order dated 12.09.2014 – Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 224 hits)

  SC Judgment dated 08.10.2013 – Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 584 hits)

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  Supreme Court judgment dated 13.12.1999 – Indira Sawhney Vs. UOI (84.2 KiB, 325 hits)

  Supreme Court judgment dated 10.2.1995 – R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 457 hits)

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

  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, 700 hits)

Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 472 hits)

Others

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  Supreme Court judgment dated 13.12.1999 – Indira Sawhney Vs. UOI (84.2 KiB, 325 hits)

  Supreme Court judgment dated 10.2.1995 – R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 457 hits)

Res Judicata

  SC Judgment dated 11.02.2015 – Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 157 hits)

Retirement Age

  SC Judgment dated 24.09.2014 – Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 254 hits)

Second Marriage

  SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 198 hits)

Seniority – Ad Hoc Service

  SC judgement dated 22.08.2012 – State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 1,369 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, 188 hits)

  SC Judgment dated 19.10.2012 – Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 515 hits)

  SC Judgment dated 20.01.1999 – Apparel Promotion Council Vs. A.K. Chopra (46.0 KiB, 533 hits)

  SC Judgment dated 13.08.1997 – Visakha & Ors. Vs. State of Rajasthan & Others (37.3 KiB, 357 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, 1,194 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, 237 hits)

  Termination

  SC Judgment dated 13.01.2015 – Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 262 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, 863 hits)

Unauthorized Absence
— Unauthorised Absence

  SC Judgment dated 15.02.2012 – Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 582 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, 251 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, 496 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, 84 hits)

Withdrawal of Voluntary Retirement 

  SC Judgment dated 22.07.2008 – Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 250 hits)

Uncategorized

  SC Judgement dated 19.08.2011 – State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 704 hits)

  SC judgement dated 01.03.2011 – State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 606 hits)

  SC judgement dated 27.08.2010 – Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 1,798 hits)

  SC judgement dated 18.08.2010 – Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 1,410 hits)

  SC Judgement dated 13.08.2010 – State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 870 hits)

  SC Judgement dated 12.08.2010 – M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 812 hits)

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  SC Judgment dated 19.12.2008 – Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,085 hits)

  SC Judgment dated 29.10.1971 – Union of India Vs. Sardar Bahadur (34.2 KiB, 980 hits)

B. High Court Judgements
Compulsory Retirement * Delay in conducting departmental inquiry * Habitual Indebtedness * 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, 474 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, 557 hits)

Indebtedness

  Delhi High Court Judgment dated 21.12.2012 – G.C. Verma Vs. UOI and Ors. (47.7 KiB, 357 hits)

Reservation for PWDs

  Bombay HC judgement dated 04.12.2013 – National Confederation for Development of Disabled & Anr. (132.5 KiB, 1,410 hits)

  Punjab & Haryana High Court Judgement dated 15.07.2011 – Lachhmi Narain Gupta & others Vs. Jarnail Singh and others (176.8 KiB, 366 hits)

C. CAT Judgements

  Report – Analysis of Cases Disposed of by the CAT (As on DOPT website – 17.04.2014) (655.3 KiB, 369 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, 1,407 hits)

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Supreme Court Judgements

  SC judgement dated 27.08.2010 – Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 1,798 hits)

  SC judgement dated 18.08.2010 – Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 1,410 hits)

  SC Judgement dated 13.08.2010 – State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 870 hits)

  SC Judgement dated 12.08.2010 – M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 812 hits)

  SC judgment dated 15.02.2008 – Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 2,894 hits)

  SC Judgment dated 19.12.2008 – Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,085 hits)

  SC Judgment dated 29.10.1971 – Union of India Vs. Sardar Bahadur (34.2 KiB, 980 hits)

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