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Court Judgments on Service Matters

Court Judgements On Service Matters

September 13, 2023 CCA/Disc. Rules & Vig. Related Orders, Civil Services Rules, Conduct Rules, Court Judgements, Court Judgements, Court Judgments, CVC - Orders/Guidelines, DOPT - Vigilance-Related Circulars

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Unmissable

RECENT JUDGEMENTS

  • Delhi HC Judgement dated 06.09.2023 – Union of India and Ors. Vs. Surendra Kumar Gaur (reg. medical claim for treatment at a non-empanelled hospital)
  • Delhi HC Judgement dated 31.08.2023 – Captain Arvind Kathpalia Vs. Govt. of NCT of Delhi & Anr (reg. double jeopardy)
  • Disciplinary Proceedings Against Deputationist
    – SC Judgment dated 04.09.2023 – Sunil Kumar Chaudhary Vs. Union of India & Anr.
  • Government staff not entitled to overtime work allowance: SC
    >>>     SC Judgment dated 18.04.2023 – Security Printing & Minting Corporation of India Ltd. & Ors. Etc. v. Vijay D. Kasbe & Ors. Etc. – Referring to FR 11, Hon’ble Supreme Court concluded that there was actually no scope for the respondents to seek payment of Double Over Time Allowance. “It is needless to say that no benefit can be claimed by anyone dehors the statutory rules.”
    Therefore, even while allowing the appeals and setting aside the impugned order of the High Court, Hon’ble Supreme Court directed the appellants not to effect any recovery from those to whom payments have already been made.
  • Employer cannot terminate employee for suppression of criminal case: Supreme Court
    SC: “18. The criminal case indeed was of trivial nature and the nature of post and nature of duties to be discharged by the recruit has never been looked into by the competent authority while examining the overall suitability of the incumbent keeping in view Rule 52 of the Rules 1987 to become a member of the force. Taking into consideration the exposition expressed by this Court in Avtar Singh (supra), in our considered view the order of discharge passed by the competent authority dated 24th April, 2015 is not sustainable…”. The Respondents were directed to reinstate the appellant in service on the post of Constable on which he was selected pursuant to his participation in reference to employment notice. It was further directed that the Appellant was not entitled for the arrears of salary for the period during which he has not served the force and at the same time he will be entitled for all notional benefits, including pay, seniority and other consequential benefits, etc. — SC Judgment dated 02.05.2022 – Pawan Kumar Vs. Union of India & Anr.
  • Reservation in Promotions
    Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy of Representation; Collection Of Data On Entire Service Meaningless
    –     SC Judgment dated 28.01.2022 – Jarnail Singh & Ors. Vs. Lachhmi Narain Gupta & Ors.
  • Sexual Harassment
    Bombay High Court: Guidelines to Protect Identities of Parties Involved
    –     Bombay HC Judgement dated 24.09.2021 – P Vs. A & Ors.
  • Reservation for PwDs (Handicapped) in Promotion
    – The Supreme Court on June 28, 2021 ruled that reservation for Persons with Disabilities (PwD) mandated by Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is applicable to promotions as well (State of Kerala vs. Leesamma Joseph). – SC Judgment dated 28.06.2021 – The State of Kerala & Ors. Vs. Leesamma Joseph
  • Reservation for Marathas and Socially and Educationally Backward Classes
    Hon’ble Supreme Court, on May 05, 2021, unanimously held that there were no exceptional circumstances justifying the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.
    The bench struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality. The bench struck down the reservation given to Marathas in job and education. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.
    The bench held that there was no need to revisit the 50% ceiling limit on reservation laid down by the 9-judge bench decision in the Indira Sawhney case.
    In a significant judgment, the Supreme Court has held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify “Socially and Educationally Backward Classes(SEBCs)”. (Source: Livelaw.in) – SC Judgment dated 05.05.2021 – Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister & Ors. 
  • Gratuity
    Forfeiture of gratuity under the  Rules read with sub­section (6) of Section 4 of the Act, 1972
    SC: “… in  view of  Rule  34.3  of  the  Rules,  1978,  the employer has a right to withhold gratuity during pendency of the disciplinary proceedings. ….. In my considered view, after conclusion of the disciplinary  inquiry, if held guilty, indeed a penalty can be inflicted upon an employee/delinquent   who  stood  retired  from  service and  what should be the nature of penalty is always depend on the relevant scheme   of   Rules   and  on  the  facts  and  circumstances  of   each case, but either of the substantive penalties specified under Rule 27  of   the  Rules,  1978  including  dismissal   from  service  are  not open to be inflicted on conclusion of the disciplinary proceedings and the punishment of forfeiture of gratuity commensurate with the nature of guilt may be inflicted upon a delinquent employee provided under Rule  34.3 of  Rules,  1978 read with sub­section (6) of Section 4 of the Act, 1972.” –  SC Judgment dated 27.05.2020 – Chairman-cum-Managing Director, Mahanadi Coalfields Limited Vs. Sri Rabindranath Chaubey
  • Compensation of Rs.1,00,000/­ for Improper Handling of Complaint
    Hon’ble SC has, inter alia, held –
    – The   impugned   order   of   compulsory   retirement   passed   under Rule 135 against the appellant/petitioner is valid and legal and the decision of the High Court in this regard stands confirmed subject, however, to modification thereof to the extent indicated in the judgment.
    – The   respondent(s) (Union of India) was directed to pay compensation of Rs.1,00,000/-­ to the appellant/petitioner for violation of her fundamental rights to life and dignity ­ as a result of the improper handling of her complaint of sexual harassment. –  SC Judgment dated 24.04.2020 – Nisha Priya Bhatia Vs. Union of India & Anr.
  • Reservation
    No Reservation in Promotions Without Examining Adequacy of Representation in Promotional Posts: Supreme Court
    SC: “… … The Resolution has  no  legal  basis. … While it is open for the State to confer benefit even through  an  executive  order  by  applying  mandatory  requirements  as contemplated under Article 16(4A) but the Resolution dated 20.03.2002 is  merely  issued by referring to the instructions of  the Union of  India without examining the adequacy of representation in promotional posts, as held by this Court.” –  SC Judgment dated 17.04.2020 – Pravakar Mallick & Anr. Vs. The State of Orissa & Ors.
  • Gratuity
    An employee is an employee, casual, ad-hoc or part time, under the Payment of Gratuity Act: Delhi HC
    Delhi HC: “The definition of employee in the Act, 1972 also does not speak of any specific categories of the employees for its applicability, be it, regular, ad-hoc, part time, casual etc. etc. As for the payment of gratuity under the subject Act, to assess the quantum thereof, it provides for the definition of wages in sub-Section (s) of Section 2. … … :
    The combined reading of sub-Section (e) and sub-Section (s) of Section 2 of the Act, 1972 leaves no doubt that the gratuity is payable to the employees defined under the subject Act and is to be assessed on the basis of the wages / emoluments, within the ceiling limit as provided there-under.” – Delhi High Court Judgement dated 17.11.2019 – National Bal Bhawan Vs. Vandana, Roopa Sharma and Ors.
  • Simultaneous Proceedings
    — SC: “16. …In the present case, following the conviction of the respondent by the Special Judge CBI,  the appellant  was acting within jurisdiction in issuing a notice to show cause under Regulation 39(4) of the 1960 Regulations. The learned single judge was correct in dismissing the special  civil  application filed by the respondent challenging the notice to show cause issued by the appellant. The judgment of the Division Bench restraining  the  appellant  from taking  a  final  decision  on  the  show cause  notice pending the disposal of the criminal appeal has no valid basis in law.” [Simultaneous Proceedings; Conviction; Suspension of Sentence] –  SC Judgment dated 25.02.2020 – Life Insurance Corporation of India v. Mukesh Poonamchand Shah
    SC: “Para 10 … …. This Court was of the opinion that departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar. However, it is desirable to stay departmental inquiry till conclusion of the criminal case if the departmental proceedings and criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact.” [Simultaneous Proceedings] – SC Judgment dated 16.09.2019 – Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. 
    SC: “In the peculiar circumstances of the case, specially having regard to the fact that the appellant is undergoing this agony since 1985 despite having been acquitted by the criminal court in 1987, we would not direct any fresh departmental inquiry to be instituted against him on the same set of facts. The appellant shall be reinstated forthwith on the post of Security Officer and shall also be paid entire arrears of salary, together with all allowances from the date of suspension till his reinstatement, within three months. The appellant would also be entitled to his cost which is quantified as Rs.15,000/-.”- SC Judgment dated 30.03.1999 – Capt. M. Anthony Vs. Bharat Gold Mines Ltd. & Anr.
  • No Fundamental Right to Reservation
    It has, inter alia, been held by Hon’ble Supreme Court in the case of Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors. as under:-
    “16.  …  … In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4-A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the underrepresentation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. … …” – SC Judgment dated 07.02.2020 – Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors.
  • Sexual Harassment
    Delhi HC: “Consent, given under coercion, or without volition, is no consent at all.” [Sexual Harassment] –  Delhi High Court Judgment dated 25.11.2019 – Ajay Tiwari Vs. University of Delhi and Ors.
  • Voluntary Retirement
    Employee can withdraw request for voluntary retirement any time before its acceptance.
    Delhi HC: “… … the impugned order dated 04.07.2019 rejecting the petitioner‟s request for withdrawal of her application for voluntary retirement is quashed. The respondents are directed to treat the petitioner to have validly withdrawn her request for voluntarily retirement.”- Delhi High Court Judgement dated 27.09.2019 – Poonam Garg Vs. IFCI Venture Capital Funds Ltd. through its MD & Ors.
  • Internal Complaints Committee (ICC)
    SC: “We, thus, are of the view that no prejudice can be held to be caused to the petitioner by non-supply of the Preliminary Inquiry Report dated 05.11.2016. The copy of memo of charge dated 23.02.2017 has been brought on the record, which also clearly indicates that the charge memo does not refer to Preliminary Inquiry Report dated 05.11.2016. Thus, no prejudice can be said to have been caused to the petitioner by non-supply of Report dated 05.11.2016. xxx
    26. Before we close, we once more make it clear that with regard to charge memo dated 23.02.2017, inquiry conducted by Internal Complaints Committee culminating into Report dated 09.03.2018, it is open for the petitioner to raise all pleas of facts and law before the appropriate authority.” [Preliminary Enquiry Report of ICC] – SC Judgment dated 21.08.2019 – Dr. P.S. Malik Vs. High Court of Delhi & Anr.
  • 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 Judgements – Subject-Wise

ACRs * Appointment * CAPFs an Organized Group “A” Service * Charge-Sheet * Compassionate Appointment * Conviction * 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* Disciplinay Proceedings Against Deputationist * Double Jeopardy * Equal Pay For Equal Work Not a Fundamental Right * 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 * Medical Claim for Treatment at Non-Empanelled Hospital * Misappropriation * Natural Justice – Overtime Allowance * 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, 3,890 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, 4,489 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, 8,207 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, 5,385 hits)

— Suppression of Criminal Case (Employer cannot terminate) 

  SC Judgment dated 02.05.2022 - Pawan Kumar Vs. Union of India & Anr. (392.1 KiB, 2,789 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, 1,720 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, 17,205 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, 6,707 hits)

Conviction
— Suspension of Sentence
SC: “16. …In the present case, following the conviction of the respondent by the Special Judge CBI,  the appellant  was acting within jurisdiction in issuing a notice to show cause under Regulation 39(4) of the 1960 Regulations. The learned single judge was correct in dismissing the special  civil  application filed by the respondent challenging the notice to show cause issued by the appellant. The judgment of the Division Bench restraining  the  appellant  from taking  a  final  decision  on  the  show cause  notice pending the disposal of the criminal appeal has no valid basis in law.” Simultaneous Proceedings; Conviction; Suspension of Sentence

  SC Judgment dated 25.02.2020 - Life Insurance Corporation of India v. Mukesh Poonamchand Shah (94.2 KiB, 1,398 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, 2,136 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, 2,136 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, 3,005 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, 12,422 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 within 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, 9,269 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, 2,948 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, 6,083 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, 3,355 hits)

Disciplinary Authority/Power to Institute Disc. Proceedings 

  SC Judgment dated 15.10.2012 - UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 2,842 hits)

Disciplinary Proceedings Against Deputationist

  SC Judgment dated 04.09.2023 - Sunil Kumar Chaudhary Vs. Union of India & Anr. (1.2 MiB, 1,736 hits)

Double Jeopardy
— On exoneration in disciplinary proceedings, criminal proceedings not to continue

  Delhi HC Judgement dated 31.08.2023 - Captain Arvind Kathpalia Vs. Govt. of NCT of Delhi & Anr (reg. double jeopardy) (460.9 KiB, 555 hits)

Equal Pay for Equal Work Not a Fundamental Right

  SC Judgment dated 27.01.2022 - State of Madhya Pradesh Vs. R.D. Sharma and Anr. (198.8 KiB, 2,564 hits)

Ex Parte Inquiry

  SC Judgment dated 14.01.2013 - State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 2,662 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, 2,853 hits)

Gratuity
— Forfeiture of gratuity under the  Rules read with sub­section (6) of Section 4 of the Act, 1972
SC: “… in  view of  Rule  34.3  of  the  Rules,  1978,  the employer has a right to withhold gratuity during pendency of the disciplinary proceedings. ….. In my considered view, after conclusion of the disciplinary  inquiry, if held guilty, indeed a penalty can be inflicted upon an employee/delinquent   who  stood  retired  from  service and  what should be the nature of penalty is always depend on the relevant scheme   of   Rules   and  on  the  facts  and  circumstances  of   each case, but either of the substantive penalties specified under Rule 27  of   the  Rules,  1978  including  dismissal   from  service  are  not open to be inflicted on conclusion of the disciplinary proceedings and the punishment of forfeiture of gratuity commensurate with the nature of guilt may be inflicted upon a delinquent employee provided under Rule  34.3 of  Rules,  1978 read with sub­section (6) of Section 4 of the Act, 1972.”

  SC Judgment dated 27.05.2020 - Chairman-cum-Managing Director, Mahanadi Coalfields Limited Vs. Sri Rabindranath Chaubey (1,006.0 KiB, 2,526 hits)

— 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, 3,725 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, 4,160 hits)

Indiscipline – Misbehaviour

  SC Judgment dated 24.09.2013 - Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 6,891 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, 6,090 hits)

Judicial Review – Limitations

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 11,932 hits)

  SC Judgment dated 14.08.2014 - The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 3,856 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, 4,037 hits)

  SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 11,932 hits)

Leave Rules

— Child Care Leave

  SC Judgment dated 15.04.2014 - Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 6,213 hits)

Major Penalty without Inquiry

  SC Judgment dated 13.05.2014 - Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 7,086 hits)

Medical Claim for Treatment at Non-Empanelled Hospital

  Delhi HC Judgement dated 06.09.2023 - Union of India and Ors. Vs. Surendra Kumar Gaur (reg. medical claim for treatment at a non-empanelled hospital) (1.1 MiB, 711 hits)

Misappropriation

  SC Judgment dated 05.01.2015 - Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 6,636 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, 7,982 hits)

  SC Judgment dated 29.04.1969 - A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 5,866 hits)

Overtime Allowance
— Government staff not entitled to overtime work allowance: SC

  SC Judgment dated 18.04.2023 - Security Printing & Minting Corporation of India Ltd. & Ors. Etc. v. Vijay D. Kasbe & Ors. Etc. (238.8 KiB, 1,905 hits)

Pension/Gratuity

  SC Judgement dated 14.08.2013 - State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr. (247.5 KiB, 1,772 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, 12,759 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, 3,725 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, 2,073 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, 7,487 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, 18,499 hits)

— RRs

  SC Judgment dated 23.08.2013 - Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 2,376 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, 8,766 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, 4,881 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, 4,508 hits)

  SC Judgment dated 14.11.2014 - Anotony Cardoza Vs. State of Kerala (150.1 KiB, 9,107 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, 6,703 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, 8,192 hits)

  SC Judgment dated 19.09.1994 - Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 1,367 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, 13,671 hits)

Reinstatement – Salary

  SC judgement dated 22.08.2012 - R.S. Misra Vs. Union of India and Others (177.9 KiB, 2,919 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, 6,023 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, 3,414 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, 11,405 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, 16,389 hits)

  SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 4,062 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, 7,991 hits)

Migration to General Seat

  SC Judgement dated 04.07.2019 - Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission and Ors. (434.8 KiB, 5,715 hits)

— No Fundamental Right to Reservation
It has, inter alia, been held by Hon’ble Supreme Court in the case of Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors. as under:-
“16.  …  … In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4-A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the underrepresentation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. … …”

  SC Judgment dated 07.02.2020 - Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors. (87.7 KiB, 17,076 hits)

Reservation for Jats Quashed

  SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 11,595 hits)

— Reservation for Marathas and Socially and Educationally Backward Classes
Hon’ble Supreme Court, on May 05, 2021, unanimously held that there were no exceptional circumstances justifying the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.
The bench struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality. The bench struck down the reservation given to Marathas in job and education. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.
The bench held that there was no need to revisit the 50% ceiling limit on reservation laid down by the 9-judge bench decision in the Indira Sawhney case.
In a significant judgment, the Supreme Court has held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify “Socially and Educationally Backward Classes(SEBCs)”. (Source: Livelaw.in)

  SC Judgment dated 05.05.2021 - Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister & Ors. (1.5 MiB, 3,088 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, 4,892 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, 4,599 hits)

  SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Development of Disabled & Anr. (259.1 KiB, 8,280 hits)

  SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 6,293 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,560 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,735 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 4,824 hits)

— Reservation for PwDs (Handicapped) in Promotion
—– The Supreme Court on June 28, 2021 ruled that reservation for Persons with Disabilities (PwD) mandated by Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is applicable to promotions as well (State of Kerala vs. Leesamma Joseph).

  SC Judgment dated 28.06.2021 - The State of Kerala & Ors. Vs. Leesamma Joseph (120.0 KiB, 11,390 hits)

— Reservation for SCs/STs in promotion

(i) Reservation in Promotions
Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy of Representation; Collection Of Data On Entire Service Meaningless

  SC Judgment dated 28.01.2022 - Jarnail Singh & Ors. Vs. Lachhmi Narain Gupta & Ors. (194.4 KiB, 3,137 hits)

(ii) No Reservation in Promotions Without Examining Adequacy of Representation in Promotional Posts: Supreme Court
SC: “… … The Resolution has  no  legal  basis. … While it is open for the State to confer benefit even through  an  executive  order  by  applying  mandatory  requirements  as contemplated under Article 16(4A) but the Resolution dated 20.03.2002 is  merely  issued by referring to the instructions of  the Union of  India without examining the adequacy of representation in promotional posts, as held by this Court.” –

  SC Judgment dated 17.04.2020 - Pravakar Mallick & Anr. Vs. The State of Orissa & Ors. (88.9 KiB, 12,785 hits)

(iii) 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, 10,463 hits)

  SC Judgment dated 26.09.2018 – Jarnail Singh & Others Vs. Lachhmi Narain Gupta & Others (429.0 KiB, 13,779 hits)

  SC Judgment dated 11.03.2016 - Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors. (287.6 KiB, 3,766 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, 6,501 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, 16,415 hits)

— Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 11,969 hits)

— Scruting Committee

  SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 4,062 hits)

— Uncategorised

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,560 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,735 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 4,824 hits)

Res Judicata

  SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 8,207 hits)

Retirement Age

  SC Judgment dated 24.09.2014 - Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 6,952 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, 1,363 hits)

Second Marriage

  SC Judgment dated 09.02.2015 - Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 12,044 hits)

Seniority – Ad Hoc Service

  SC judgement dated 22.08.2012 - State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 3,475 hits)

Sexual Harassment at Workplace

Compensation to Aggrieved/Complainant * Preliminary Enquiry Report of ICC * Uncategorised

— Compensation of Rs.1,00,000/­ for Improper Handling of Complaint
Hon’ble SC has, inter alia, held –
– The   impugned   order   of   compulsory   retirement   passed   under Rule 135 against the appellant/petitioner is valid and legal and the decision of the High Court in this regard stands confirmed subject, however, to modification thereof to the extent indicated in the judgment.
– The   respondent(s) (Union of India) was directed to pay compensation of Rs.1,00,000/­ to the appellant/petitioner for violation of her fundamental rights to life and dignity ­ as a result of the improper handling of her complaint of sexual harassment.

  SC Judgment dated 24.04.2020 - Nisha Priya Bhatia Vs. Union of India & Anr. (600.5 KiB, 1,755 hits)

— Preliminary Enquiry Report of ICC
SC: “We, thus, are of the view that no prejudice can be held to be caused to the petitioner by non-supply of the Preliminary Inquiry Report dated 05.11.2016. The copy of memo of charge dated 23.02.2017 has been brought on the record, which also clearly indicates that the charge memo does not refer to Preliminary Inquiry Report dated 05.11.2016. Thus, no prejudice can be said to have been caused to the petitioner by non-supply of Report dated 05.11.2016. xxx
26. Before we close, we once more make it clear that with regard to charge memo dated 23.02.2017, inquiry conducted by Internal Complaints Committee culminating into Report dated 09.03.2018, it is open for the petitioner to raise all pleas of facts and law before the appropriate authority.” [Preliminary Enquiry Report of ICC]

  SC Judgment dated 21.08.2019 - Dr. P.S. Malik Vs. High Court of Delhi & Anr. (125.0 KiB, 1,616 hits)

— Uncategorised

  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, 9,365 hits)

  SC Judgment dated 19.10.2012 - Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 1,687 hits)

  SC Judgment dated 20.01.1999 - Apparel Promotion Council Vs. A.K. Chopra (46.0 KiB, 2,198 hits)

  SC Judgment dated 13.08.1997 - Visakha & Ors. Vs. State of Rajasthan & Others (37.3 KiB, 1,275 hits)

Simultaneous Proceedings
— SC: “16. …In the present case, following the conviction of the respondent by the Special Judge CBI,  the appellant  was acting within jurisdiction in issuing a notice to show cause under Regulation 39(4) of the 1960 Regulations. The learned single judge was correct in dismissing the special  civil  application filed by the respondent challenging the notice to show cause issued by the appellant. The judgment of the Division Bench restraining  the  appellant  from taking  a  final  decision  on  the  show cause  notice pending the disposal of the criminal appeal has no valid basis in law.” [Simultaneous Proceedings; Conviction; Suspension of Sentence]

  SC Judgment dated 25.02.2020 - Life Insurance Corporation of India v. Mukesh Poonamchand Shah (94.2 KiB, 1,398 hits)

— SC: “Para 10 … …. This Court was of the opinion that departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar. However, it is desirable to stay departmental inquiry till conclusion of the criminal case if the departmental proceedings and criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact.”

  SC Judgment dated 16.09.2019 - Karnataka Power Transmission Corporation Limited, Represented by MD (Admin. and HR) V. Sri C. Nagaraju & Anr. (66.3 KiB, 1,452 hits)

—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, 1,373 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, 7,743 hits)

— SC: “In the peculiar circumstances of the case, specially having regard to the fact that the appellant is undergoing this agony since 1985 despite having been acquitted by the criminal court in 1987, we would not direct any fresh departmental inquiry to be instituted against him on the same set of facts. The appellant shall be reinstated forthwith on the post of Security Officer and shall also be paid entire arrears of salary, together with all allowances from the date of suspension till his reinstatement, within three months. The appellant would also be entitled to his cost which is quantified as Rs.15,000/-.”

  SC Judgment dated 30.03.1999 - Capt. M. Anthony Vs. Bharat Gold Mines Ltd. & Anr. (50.2 KiB, 2,641 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, 12,061 hits)

Termination

  SC Judgment dated 13.01.2015 - Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 12,196 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, 7,698 hits)

Unauthorized Absence

— Unauthorised Absence

  SC Judgment dated 15.02.2012 - Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 3,387 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, 4,687 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, 1,582 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, 7,487 hits)

—

Withdrawal of Voluntary Retirement

  SC Judgment dated 22.07.2008 - Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 4,558 hits)

Uncategorized

  SC Judgement dated 19.08.2011 - State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 1,722 hits)

  SC judgement dated 01.03.2011 - State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 2,138 hits)

  SC judgement dated 27.08.2010 - Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 4,246 hits)

  SC judgement dated 18.08.2010 - Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 3,046 hits)

  SC Judgement dated 13.08.2010 - State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 2,407 hits)

  SC Judgement dated 12.08.2010 - M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 2,378 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,560 hits)

  SC Judgment dated 19.12.2008 - Roop Singh Negi Vs. Punjab National bank & Ors. (128.2 KiB, 2,522 hits)

  SC Judgment dated 29.10.1971 - Union of India Vs. Sardar Bahadur (34.2 KiB, 2,366 hits)

B. High Court Judgements

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

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, 1,583 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, 4,548 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, 1,423 hits)

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 5,859 hits)

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 5,859 hits)

Gratuity
— An employee is an employee, casual, ad-hoc or part time, under the Payment of Gratuity Act: Delhi HC
Delhi HC: “The definition of employee in the Act, 1972 also does not speak of any specific categories of the employees for its applicability, be it, regular, ad-hoc, part time, casual etc. etc. As for the payment of gratuity under the subject Act, to assess the quantum thereof, it provides for the definition of wages in sub-Section (s) of Section 2. … … :
The combined reading of sub-Section (e) and sub-Section (s) of Section 2 of the Act, 1972 leaves no doubt that the gratuity is payable to the employees defined under the subject Act and is to be assessed on the basis of the wages / emoluments, within the ceiling limit as provided there-under.” –

  Delhi High Court Judgement dated 17.11.2019 - National Bal Bhawan Vs. Vandana, Roopa Sharma and Ors. (309.1 KiB, 1,273 hits)

— 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, 1,975 hits)

Habitual Indebtedness

  Delhi High Court Judgment dated 21.12.2012 - G.C. Verma Vs. UOI and Ors. (47.7 KiB, 1,071 hits)

Pension 

  Delhi High Court Judgment dated 26.03.2015 - N. Bhardwaja Vs. Union of India & Ors. (221.8 KiB, 4,598 hits)

Reservation for PWDs

  Bombay HC judgement dated 04.12.2013 - National Confederation for Development of Disabled & Anr. (132.5 KiB, 10,384 hits)

  Punjab & Haryana High Court Judgement dated 15.07.2011 - Lachhmi Narain Gupta & others Vs. Jarnail Singh and others (176.8 KiB, 992 hits)

Sexual harassment 

— Bombay High Court: Guidelines to Protect Identities of Parties Involved

  Bombay HC Judgement dated 24.09.2021 - P Vs. A & Ors. (160.6 KiB, 5,441 hits)

— Delhi HC: “Consent, given under coercion, or without volition, is no consent at all.”

  Delhi High Court Judgment dated 25.11.2019 - Ajay Tiwari Vs. University of Delhi and Ors. (1.5 MiB, 1,904 hits)

— 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, 4,706 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, 1,227 hits)

Voluntary Retirement

Employee can withdraw request for voluntary retirement any time before its acceptance.
Delhi HC: “… … the impugned order dated 04.07.2019 rejecting the petitioner‟s request for withdrawal of her application for voluntary retirement is quashed. The respondents are directed to treat the petitioner to have validly withdrawn her request for voluntarily retirement.”

  Delhi High Court Judgement dated 27.09.2019 - Poonam Garg Vs. IFCI Venture Capital Funds Ltd. through its MD & Ors. (648.8 KiB, 10,719 hits)

C. CAT Judgements

  Report - Analysis of Cases Disposed of by the CAT (As on DOPT website - 17.04.2014) (655.3 KiB, 5,938 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, 7,634 hits)

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