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Court Judgements on Service Matters

Court Judgements On Service Matters

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Significant Judgements   

RECENT JUDGEMENTS

  • Sanction for Prosecution
    SC: “15. It is therefore, held that the question of sanction under Section 197, Cr.P.C. with regard to appellants nos.3 and 4 treating them to be ‘public servant’ simply does not arise because of their absorption in the Corporation.” [Sanction for Prosecution] –  SC Judgment dated 19.08.2019 – Bharat Sanchar Nigam Limited and Others V. Pramod V. Sawant and Another
  • Simultaneous Proceedings
    SC: “13. … … It is settled law that the acquittal by a Criminal Court does not preclude a Departmental Inquiry against the delinquent officer. The Disciplinary Authority is not bound by the judgment of the Criminal Court if the evidence that is produced in the Departmental Inquiry is different from that produced during the criminal trial. The object of a Departmental Inquiry is to find out whether the delinquent is guilty of misconduct under the conduct rules for the purpose of determining whether he should be continued in service. The standard of proof in a Departmental Inquiry is not strictly based on the rules of evidence. The order of dismissal which is based on the evidence before the Inquiry Officer in the disciplinary proceedings, which is different from the evidence available to the Criminal Court, is justified and needed no interference by the High Court.” – SC Judgment dated 16.09.2019 – Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. [Simultaneous Proceedings] – SC Judgment dated 16.09.2019 – Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. [Simultaneous Proceedings]
  • Unexplained Delay Of 13 Years In Initiating Inquiry Vitiated The Disciplinary Proceedings
    Delhi High Court: “In considering, whether, delay was vitiated the disciplinary proceedings, the Court has to consider the nature of charge, its complexity and on what account the delay was occurred. If the delay is unexplained prejudice to the delinquent employee is writ large on the face of it. It could also be seen as to how much disciplinary authority is serious in pursuing the charges against its employee. It is the basic principle of administrative justice that an officer entrusted with a particular job has to perform his duties honestly, efficiently and in accordance with the rules. If he deviates from this path, he is to suffer a penalty prescribed. Normally, the disciplinary proceedings should be allowed to take its course as per relevant rules but then delay defeat the justice. Delay causes prejudice to the charged officer unless it can be shown that he is to blame for the delay or when there is proper explanation for the delay in conducting the disciplinary proceedings. Ultimately, the court is to balance these two diverse considerations. It is further observed in the aforesaid judgment that if the delay is too long and remains unexplained, the court may interfere and quash the charges. However, how delay is too long would depend upon the facts of each and every case and if such delay has prejudiced or is likely to prejudice, the delinquent in defending the inquiry ought to be interdicted.” —  Delhi High Court Judgement dated 13.08.2019 – D.P. Sharma M/s BSES Rajdhani Power Limited & Anr. 
  • Departmental Proceeding under the Payment of Gratuity Act
    Departmental proceedings under the Payment of Gratuity Act can be initiated against an employee even after his retirement: Delhi High Court – Delhi High Court Judgement dated 30.07.2019 – J.P. Mahajan Vs. Governing Body, Kirori Mal College & Anr.
  • Non-Filing Of Chargesheet Within 3 Months Cannot Be A Ground For Revoking Suspension Order
    Delhi High Court: “11. We may observe that there can be no hard and fast rule that in all cases where charge sheet is not filed within three months, of suspension, the same would mandatorily be revoked. The need for continuation of the same would have to be assessed on the facts of each case. Most relevant would be the nature and substance of allegations; the materials on which the same is founded; the position held by the concerned government officer i.e. whether he is holding a portion of authority and influence, or he is a lower ranked employee with little or no power to influence others concerned with the matter.
                xxx                               xxx
    14. The petitioner is a senior, highly ranked government officer and was occupying a high position at the time of his suspension. He was in a position to influence witnesses and tamper with the evidence. He has been released on bail. Pertinently, the petitioner has also not placed before us the order passed by the Court granting him bail which may have, if produced, thrown light on the allegations against the petitioner. Considering all these aspects as well, we are not satisfied that the suspension of the petitioner should not have been continued in the present case.” — Delhi High Court Judgement dated 05.07.2019 – Rakesh Kumar Garg V. Union of India & Ors.
  • Adultery
    Rajasthan High Court held that the State Government shall not initiate departmental proceedings on the basis of a complaint of any person against a Government servant alleging therein of the said Government servant having extra-marital relationship with another man or woman whether married or unmarried. – Rajasthan HC Judgement dated 07.03.2019 – Mahesh Chand Sharma s/o Shri Girraj Prasad Sharma vs. The State of Rajasthan and Ors.
  • Migration to General Seat
    SC: Reserved category candidate can’t migrate to general seat after availing age relaxation. – SC Judgement dated 04.07.2019 – Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission and Ors.
  • RESERVATION FOR SCs/STs IN PROMOTION
    SC: “Finally,   it   may   also   be   noted   that   under   the Government Order dated 13 April 1999, reservation in promotion in favour of SC‘s and ST‘s has been provided until the representation for thesecategories reaches 15 per  cent and  3per  cent, respectively. The State has informed the Court that the above Government Order is applicable to KPTCL and PWD, as well. 
    K   Conclusion
    144.  For the above reasons, we have come to the conclusion that the challenge to the constitutional validity of the Reservation Act 2018 is lacking in substance. Following the decision in BK Pavitra I, the State government duly carried out the exercise of collating and analyzing data on the compelling factors adverted to by the Constitution Bench in Nagaraj.  The Reservation Act 2018 has cured the deficiency which was noticed by BK Pavitra Iin respect of the Reservation Act2002. The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature. It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling  power conferred  by Article 16 (4A) of the Constitution.” –   SC Judgment dated 10.05.2019 – B.K. Pavitra and Ors. v. Union of India and Ors.
    SC: “Thus, we conclude that the judgment in Nagaraj (supra) does not need to be referred to a seven–Judge Bench. However, the conclusion in Nagaraj (supra) that the State has to collect quantifiable data showing backwardness of the Scheduled Castes and the Scheduled Tribes, being contrary to the nine-Judge Bench in Indra Sawhney (1) (supra) is held to be invalid to this extent.” – SC Judgment dated 26.09.2018 – Jarnail Singh & Others Vs. Lachhmi Narain Gupta & Others
  • CAPFs an Organized Group “A” Service
    SC: “24.2 Considering the aforesaid facts and circumstances and the objects and reasons of the grant of NFFU as recommended by the 6th Pay Commission, when the High Court has observed and consequently directed that the officers in PB-III and PB-IV in the CAPFs are Organized Group “A” Service and, therefore, entitled to the benefits recommended by the 6th Pay Commission by way of NFFU and thereby has directed the Appellants to issue a requisite notification granting the benefits of NFFU as recommended by the 6th Central Pay Commission, it cannot be said that the High Court has committed any error which calls for the interference by this Court. We are in complete agreement with the view taken by the High Court.” – SC Judgement dated 05.02.2019 – Union of India & Ors. Vs. Sri Harananda & Ors. 
  • Court Martial
    SC: Army personnel entitled for legal representation during summary court martial – SC Judgement dated 10.12.2018 – Jaswant Singh Vs. Union of India and Anr. 
  • Gratuity
    The employee having been allowed to superannuate in normal course, it was not permissible to withhold his gratuity under the PG Act: Delhi High Court – 
    Delhi HC Judgement dated 04.10.2018 – Vijay Krishan V. The State Trading Corporation & Ors.
  • Pension and Gratuity
    SC: “It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as “law” within the meaning of aforesaid Article 300A. On the basis of such a circular, which is not having force of law, the appellant cannot withhold – even a part of pension or gratuity. As we noticed above, so far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation.” – SC Judgment dated 13.02.2015 – Union of India & Anr. Vs. Rajbir Singh
  • BENEFIT OF RESERVATION IN THE ORIGINAL STATE
    SC: “… … a  person  who  is  recognised  as  a  member  of Scheduled  Castes/Scheduled  Tribes  in  his  original State, will  be entitled to all  the benefits of reservation under  the Constitution in that  State only  and not  in other  States/Union Territories and not  entitled to the benefits  of  reservation  in  the  migrated  State/Union Territory.” –  SC Judgment dated 30.08.2018 – Bir Singh Vs. Delhi Jal Board & Ors.
  • GRATUITY
    SC: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law – SC Judgment dated 14.08.2018 – Union Bank of India & Others Vs. C.G. Ajay Babu & Another
  • FALSE CASTE CLAIM
    Times of India: “The Supreme Court on Thursday said anyone found guilty of using a forged caste certificate for getting education and employment will lose their degree and their job.
    In addition, they will also be punished, said the top court.” – SC Judgement dated 06.07.2017 – Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors.
  • 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 JudgementsSubject-Wise

ACRs * Appointment * CAPFs an Organized Group “A” Service * Charge-Sheet * Compassionate Appointment * Court Martial * Defending Officer/Friend of the Accused * Delay in Disciplinary Proceedings/Inquiry * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Departmental Proceeding under the Payment of Gratuity Act * 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 * Gratuity * 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 * Sanction for Prosecution * 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
— “However, it will be open to the appellant to make a representation to the concerned authorities for retrospective promotion in view of the legal position stated by us. If such a representation is made by the appellant, the same shall be considered by the concerned authorities appropriately in accordance with law.”

  SC Judgment dated 23.04.2013 - Sukhdev Singh Vs. Union of India and Others (152.4 KiB, 2,849 hits)

— “… ……If his entry is upgraded the appellant shall be considered for promotion retrospectively by the Departmental Promotion Committee (DPC) within three months thereafter and if the appellant gets selected for promotion retrospectively, he should be given higher pension with arrears of pay and interest @ 8% per annum till the date of payment.”

  SC Judgment dated 12.05.2008 - Dev Dutt Vs. Union of India & Others (71.0 KiB, 1,884 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, 5,606 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, 2,936 hits)

CAPFs an Organized Group “A” Service

SC: “24.2 Considering the aforesaid facts and circumstances and the objects and reasons of the grant of NFFU as recommended by the 6th Pay Commission, when the High Court has observed and consequently directed that the officers in PB-III and PB-IV in the CAPFs are Organized Group “A” Service and, therefore, entitled to the benefits recommended by the 6th Pay Commission by way of NFFU and thereby has directed the Appellants to issue a requisite notification granting the benefits of NFFU as recommended by the 6th Central Pay Commission, it cannot be said that the High Court has committed any error which calls for the interference by this Court. We are in complete agreement with the view taken by the High Court.”

  SC Judgement dated 05.02.2019 - Union of India & Ors. Vs. Sri Harananda & Ors. (452.7 KiB, 338 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, 13,475 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, 4,873 hits)

Court Martial

SC: Army personnel entitled for legal representation during summary court martial.

  SC Judgement dated 10.12.2018 - Jaswant Singh Vs. Union of India and Anr. (55.5 KiB, 653 hits)

Defending Officer/Friend of the Accused

SC: Army personnel entitled for legal representation during summary court martial. 

  SC Judgement dated 10.12.2018 - Jaswant Singh Vs. Union of India and Anr. (55.5 KiB, 653 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, 2,084 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, 8,545 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, 5,379 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, 1,889 hits)

Departmental Proceeding under the Payment of Gratuity Act
Departmental proceedings under the Payment of Gratuity Act can be initiated against an employee even after his retirement: Delhi High Court

  Delhi High Court Judgement dated 30.07.2019 - J.P. Mahajan Vs. Governing Body, Kirori Mal College & Anr. (583.4 KiB, 304 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, 2,560 hits)

Disciplinary Authority/Power to Institute Disc. Proceedings 

  SC Judgment dated 15.10.2012 - UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 1,921 hits)

 
Ex Parte Inquiry

  SC Judgment dated 14.01.2013 - State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 1,777 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, 2,048 hits)

Gratuity
SC: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law

  SC Judgment dated 14.08.2018 - Union Bank of India & Others Vs. C.G. Ajay Babu & Another (80.0 KiB, 1,705 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, 3,309 hits)

Indiscipline – Misbehaviour

  SC Judgment dated 24.09.2013 - Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 5,150 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, 4,511 hits)

Judicial Review – Limitations

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 9,985 hits)

  SC Judgment dated 14.08.2014 - The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 3,301 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, 2,530 hits)

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 9,985 hits)

Leave Rules

— Child Care Leave

  SC Judgment dated 15.04.2014 - Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 4,383 hits)

Major Penalty without Inquiry

  SC Judgment dated 13.05.2014 - Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 5,272 hits)

Misappropriation

  SC Judgment dated 05.01.2015 - Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 4,730 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, 5,924 hits)

  SC Judgment dated 29.04.1969 - A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 4,079 hits)

Pension/Gratuity

  SC Judgement dated 14.08.2013 - State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr. (247.5 KiB, 140 hits)

— 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, 9,682 hits)

Pension and Gratuity

SC: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law

  SC Judgment dated 14.08.2018 - Union Bank of India & Others Vs. C.G. Ajay Babu & Another (80.0 KiB, 1,705 hits)

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, 1,625 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, 5,305 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, 13,105 hits)

RRs

  SC Judgment dated 23.08.2013 - Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 1,764 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, 6,517 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, 3,454 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, 3,231 hits)

  SC Judgment dated 14.11.2014 - Anotony Cardoza Vs. State of Kerala (150.1 KiB, 7,382 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, 4,997 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, 5,903 hits)

  SC Judgment dated 19.09.1994 - Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 917 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, 8,149 hits)

Reinstatement – Salary

  SC judgement dated 22.08.2012 - R.S. Misra Vs. Union of India and Others (177.9 KiB, 2,244 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, 4,413 hits)

Reservation

— Benefit of Reservation in the original state

SC: “… … a  person  who  is  recognised  as  a  member  of Scheduled  Castes/Scheduled  Tribes  in  his  original State, will  be entitled to all  the benefits of reservation under  the Constitution in that  State only  and not  in other  States/Union Territories and not  entitled to the benefits  of  reservation  in  the  migrated  State/Union Territory.”

  SC Judgment dated 30.08.2018 - Bir Singh Vs. Delhi Jal Board & Ors. (802.1 KiB, 1,478 hits)

Benefit on Reconversion 

  SC Judgment dated 26.02.2015 - K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate (331.3 KiB, 9,498 hits)

Caste Certificate/False Caste Claim 

  SC Judgement dated 06.07.2017 - Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. (497.6 KiB, 5,850 hits)

  SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 2,244 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, 6,244 hits)

Migration to General Seat

  SC Judgement dated 04.07.2019 - Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission and Ors. (434.8 KiB, 413 hits)

Reservation for Jats Quashed

  SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 9,893 hits)

— Reservation in Single Post 

  SC Judgment dated 16.05.2008 - Balbir Kaur & Anr. Vs. U.P. Secondary Education Services Selection Board, Allahabad & Anr. (263.5 KiB, 1,278 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, 3,222 hits)

  SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 6,654 hits)

  SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 4,560 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,012 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,176 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 2,933 hits)

— Reservation for SCs/STs in promotion
SC: “Finally,   it   may   also   be   noted   that   under   the Government Order dated 13 April 1999, reservation in promotion in favour of SC‘s and ST‘s has been provided until the representation for thesecategories reaches 15 per  cent and  3per  cent, respectively. The State has informed the Court that the above Government Order is applicable to KPTCL and PWD, as well.
K   Conclusion 
144.  For the above reasons, we have come to the conclusion that the challenge to the constitutional validity of the Reservation Act 2018 is lacking in substance. Following the decision in BK Pavitra I, the State government duly carried out the exercise of collating and analyzing data on the compelling factors adverted to by the Constitution Bench in Nagaraj.  The Reservation Act 2018 has cured the deficiency which was noticed by BK Pavitra Iin respect of the Reservation Act2002. The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature. It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling  power conferred  by Article 16 (4A) of the Constitution.”   

  SC Judgment dated 10.05.2019 - B.K. Pavitra and Ors. v. Union of India and Ors. (914.3 KiB, 1,477 hits)

  SC Judgment dated 26.09.2018 – Jarnail Singh & Others Vs. Lachhmi Narain Gupta & Others (429.0 KiB, 3,170 hits)

  SC Judgment dated 11.03.2016 - Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors. (287.6 KiB, 2,028 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, 5,122 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, 14,194 hits)

Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 7,729 hits)

Scruting Committee

  SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 2,244 hits)

Uncategorised

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,012 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,176 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 2,933 hits)

Res Judicata

  SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 5,606 hits)

Retirement Age

  SC Judgment dated 24.09.2014 - Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 5,192 hits)

Sanction for Prosecution

  SC Judgment dated 19.08.2019 - Bharat Sanchar Nigam Limited and Others V. Pramod V. Sawant and Another (375.5 KiB, 19 hits)

Second Marriage

  SC Judgment dated 09.02.2015 - Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 9,839 hits)

Seniority – Ad Hoc Service

  SC judgement dated 22.08.2012 - State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 2,860 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, 7,594 hits)

  SC Judgment dated 19.10.2012 - Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 1,112 hits)

  SC Judgment dated 20.01.1999 - Apparel Promotion Council Vs. A.K. Chopra (46.0 KiB, 1,453 hits)

  SC Judgment dated 13.08.1997 - Visakha & Ors. Vs. State of Rajasthan & Others (37.3 KiB, 821 hits)

Simultaneous Proceedings

—SC: “13. … … It is settled law that the acquittal by a Criminal Court does not preclude a Departmental Inquiry against the delinquent officer. The Disciplinary Authority is not bound by the judgment of the Criminal Court if the evidence that is produced in the Departmental Inquiry is different from that produced during the criminal trial. The object of a Departmental Inquiry is to find out whether the delinquent is guilty of misconduct under the conduct rules for the purpose of determining whether he should be continued in service. The standard of proof in a Departmental Inquiry is not strictly based on the rules of evidence. The order of dismissal which is based on the evidence before the Inquiry Officer in the disciplinary proceedings, which is different from the evidence available to the Criminal Court, is justified and needed no interference by the High Court.” – SC Judgment dated 16.09.2019 – Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. [Simultaneous Proceedings]

  SC Judgment dated 16.09.2019 - Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. [Simultaneous Proceedings] (66.3 KiB, 44 hits)

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, 5,860 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, 9,273 hits)

 
Termination

  SC Judgment dated 13.01.2015 - Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 9,891 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, 6,008 hits)

Unauthorized Absence

— Unauthorised Absence

  SC Judgment dated 15.02.2012 - Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 2,218 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, 3,916 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, 1,086 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, 5,305 hits)

Withdrawal of Voluntary Retirement 

  SC Judgment dated 22.07.2008 - Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 3,957 hits)

Uncategorized

  SC Judgement dated 19.08.2011 - State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 1,283 hits)

  SC judgement dated 01.03.2011 - State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 1,618 hits)

  SC judgement dated 27.08.2010 - Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 3,707 hits)

  SC judgement dated 18.08.2010 - Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 2,572 hits)

  SC Judgement dated 13.08.2010 - State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 1,910 hits)

  SC Judgement dated 12.08.2010 - M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 1,899 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,012 hits)

  SC Judgment dated 19.12.2008 - Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 2,101 hits)

  SC Judgment dated 29.10.1971 - Union of India Vs. Sardar Bahadur (34.2 KiB, 1,952 hits)

B. High Court Judgements

Adultery * Compulsory Retirement * Delay in conducting departmental inquiry * Habitual Indebtedness * Pension * Reservation for PWDs * Sexual Harassment * Suspension

Adultery
Rajasthan High Court held that the State Government shall not initiate departmental proceedings on the basis of a complaint of any person against a Government servant alleging therein of the said Government servant having extra-marital relationship with another man or woman whether married or unmarried.

  Rajasthan HC Judgement dated 07.03.2019 - Mahesh Chand Sharma s/o Shri Girraj Prasad Sharma vs. The State of Rajasthan and Ors. (248.8 KiB, 101 hits)

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, 3,308 hits)

Delay in conducting departmental inquiry
— Unexplained Delay Of 13 Years In Initiating Inquiry Vitiated The Disciplinary Proceedings

Delhi High Court: “In considering, whether, delay was vitiated the disciplinary proceedings, the Court has to consider the nature of charge, its complexity and on what account the delay was occurred. If the delay is unexplained prejudice to the delinquent employee is writ large on the face of it. It could also be seen as to how much disciplinary authority is serious in pursuing the charges against its employee. It is the basic principle of administrative justice that an officer entrusted with a particular job has to perform his duties honestly, efficiently and in accordance with the rules. If he deviates from this path, he is to suffer a penalty prescribed. Normally, the disciplinary proceedings should be allowed to take its course as per relevant rules but then delay defeat the justice. Delay causes prejudice to the charged officer unless it can be shown that he is to blame for the delay or when there is proper explanation for the delay in conducting the disciplinary proceedings. Ultimately, the court is to balance these two diverse considerations. It is further observed in the aforesaid judgment that if the delay is too long and remains unexplained, the court may interfere and quash the charges. However, how delay is too long would depend upon the facts of each and every case and if such delay has prejudiced or is likely to prejudice, the delinquent in defending the inquiry ought to be interdicted.”

  Delhi High Court Judgement dated 13.08.2019 - D.P. Sharma M/s BSES Rajdhani Power Limited & Anr. (754.0 KiB, 61 hits)

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 4,140 hits)

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 4,140 hits)

Gratuity 
The employee having been allowed to superannuate in normal course, it was not permissible to withhold his gratuity under the PG Act: Delhi High Court. 

  Delhi HC Judgement dated 04.10.2018 - Vijay Krishan V. The State Trading Corporation & Ors. (450.2 KiB, 572 hits)

Indebtedness

  Delhi High Court Judgment dated 21.12.2012 - G.C. Verma Vs. UOI and Ors. (47.7 KiB, 704 hits)

Pension 

  Delhi High Court Judgment dated 26.03.2015 - N. Bhardwaja Vs. Union of India & Ors. (221.8 KiB, 3,172 hits)

Reservation for PWDs

  Bombay HC judgement dated 04.12.2013 - National Confederation for Development of Disabled & Anr. (132.5 KiB, 8,772 hits)

  Punjab & Haryana High Court Judgement dated 15.07.2011 - Lachhmi Narain Gupta & others Vs. Jarnail Singh and others (176.8 KiB, 674 hits)

Sexual harassment 
— Delhi High Court: “15. Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behaviour. Such physical contact must be in the context of a behaviour which is sexually oriented. Plainly, a mere accidental physical contact, even though unwelcome, would not amount to sexual harassment. Similarly, a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment.
16. … … Plainly, all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an “unwelcome sexually determined behaviour” would amount to sexual harassment.” – Delhi HC Judgement dated 31.10.2017 – Shanta Kumar Vs. Council of Scientific and Industrial Research (CSIR) & Ors. 

  Delhi HC Judgement dated 31.10.2017 - Shanta Kumar Vs. Council of Scientific and Industrial Research (CSIR) & Ors. (336.3 KiB, 1,428 hits)

Suspension
Non-Filing Of Chargesheet Within 3 Months Cannot Be A Ground For Revoking Suspension Order
Delhi High Court: “11. We may observe that there can be no hard and fast rule that in all cases where charge sheet is not filed within three months, of suspension, the same would mandatorily be revoked. The need for continuation of the same would have to be assessed on the facts of each case. Most relevant would be the nature and substance of allegations; the materials on which the same is founded; the position held by the concerned government officer i.e. whether he is holding a portion of authority and influence, or he is a lower ranked employee with little or no power to influence others concerned with the matter.
            xxx                               xxx
14. The petitioner is a senior, highly ranked government officer and was occupying a high position at the time of his suspension. He was in a position to influence witnesses and tamper with the evidence. He has been released on bail. Pertinently, the petitioner has also not placed before us the order passed by the Court granting him bail which may have, if produced, thrown light on the allegations against the petitioner. Considering all these aspects as well, we are not satisfied that the suspension of the petitioner should not have been continued in the present case.”

  Delhi High Court Judgement dated 05.07.2019 - Rakesh Kumar Garg V. Union of India & Ors. (297.5 KiB, 37 hits)

C. CAT Judgements

  Report - Analysis of Cases Disposed of by the CAT (As on DOPT website - 17.04.2014) (655.3 KiB, 3,259 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, 5,613 hits)

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