Service Law News
SC: Can’t deny job for petty crimes of past
No sanction needed to try government servants for illegal acts: Supreme Court
Acquiring assets not crime unless source illegal:SC in DA case
Second ‘wife’ of forest guard left in lurch as HC denies pension
Madras HC comes to the rescue of TN’s first woman IFS officer
Court Can’t Set Aside Transfer Order: Hyderabad HC
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- 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: “… … we declare the impugned memoranda as illegal and inconsistent with the 1995 Act. We further direct the Government to extend 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
- 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
- SC: “ … … it would be open to the concerned authority, namely, the State and the Banks to consider whether their demand is justified and it is feasible to provide reservation to SC/ST category persons in the matter of promotion in the officers’ category and if so, up to which scale/level.” – 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.
- 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 time 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.
- SC: “… … 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)
More: Court Judgments on Service Matters
Jul 27, 2016
NEW DELHI: Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the 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. …
More: 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.
The court was hearing appeal of Deputy Superintendents of Punjab Police, SS Mand and PS Parmar, who were accused of illegally detaining one Neeraj Kumar in a vehicle theft case for four days without formally arresting him.
July 8, 2016
New Delhi, Jul 8: The Supreme Court has said that sanction to prosecute a public servant is not required if the alleged offence was committed when he was not discharging official duty. A bench of Justices J S Khehar and C Nagappan upheld the settled law and dismissed the appeal of two senior Punjab Police officials who had contended that a criminal case pending against them cannot be proceeded in the absence of sanction to prosecute them. …
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* Court Judgments.
Jun 1, 2016
New Delhi, Jun 1 () Acquiring assets “per se” is not a crime unless the sources are found to be illegal, the Supreme Court today said while Karnataka maintained that the High Court order acquitting Tamil Nadu Chief Minister J Jayalalithaa in the assets case is “perverse”. …
May 25, 2016
Chennai: V Backiam lived as ‘wife’ of forest guard S M Velu for 25 years; they had two children. Yet, the woman has been disentitled from claiming Velu’s pension, after his death in 2003. Reason: She ‘married’ him while his first marriage with Muniyammal, who also has two children, was subsisting. …
Apr 25, 2016
CHENNAI: Facing harassment and humiliated with postings far inferior to her seniority, the first woman Indian Forest Service (IFS) officer of Tamil Nadu has won a spectacular high court order directing the government to offer her a posting with appropriate seniority. …
21st March, 2016
HYDERABAD: The Hyderabad High Court has made it clear that the court is not supposed to exercise the power of judicial review to set aside a transfer order which is administrative in nature. “The High Court can interfere with the transfer order if it is made contrary to rules governing organisation or any statutory rule or if it is prompted by mala fide action”, the court observed. …
Dec 11, 2015
NEW DELHI: The Supreme Court ruled on Thursday that the government can bring special laws to control corruption, which it said was eating away the fundamental core of elective democracy and Constitutional governance. …
Dec 5, 2015
ALLAHABAD: The Allahabad high court on Friday ruled that married daughters are also entitled to jobs under the dying-in-harness rule. According to the rule, in case a government employee dies during service, his or her dependants will be given a job. …
Moms of surrogate babies can get maternity leave: HC
Jul 18, 2015
NEW DELHI: In a landmark verdict the Delhi high court on Friday ruled that surrogate mothers who have children through surrogacy are entitled to maternity leave which includes pre- and post-natal period. …
Slow promotions, ageing officials: HC orders cadre review in BSF
Apr 24, 2015
The lack of a cadre review in 25 years in the Border Security Force has resulted in no post creation at command levels, leading to “frustration” among already ageing officials due to extremely slow promotions, observed the Delhi High Court and directed the Centre to appoint a panel for conducting the exercise within six months. …
Dismissal of magistrate who favoured woman lawyer upheld
Apr 19, 2015
MUMBAI: The Bombay high court has upheld the dismissal from service of a chief judicial magistrate accused of developing close relations with a woman advocate and granting orders in her favour. …
Promote paramilitary jawans even after disability: HC
Apr 15, 2015
CHANDIGARH: The Punjab and Haryana high court has come to the rescue of jawans of the paramilitary forces at a time when they have borne the brunt of deadly Naxalite attacks in Chhattisgarh and elsewhere. In a landmark judgment, Justice Ajay Tewari has ruled that jawans are entitled for promotion even after they have suffered disability. …
Polygamy not integral part of Islam: SC
Feb 10, 2015
NEW DELHI: Although their personal law permits men to have four wives, the Supreme Court on Monday ruled that a Muslim’s fundamental right to profess Islam did not include practicing polygamy. …
Supreme Court orders retirement for corrupt LIC cashier who embezzled Rs 533 Timesofindia.indiatimes.com
Jan 7, 2015
NEW DELHI: No sympathy should be shown to any government employee indulging in corruption and the person should be dismissed from his job, the Supreme Court has held while awarding compulsory retirement to a Life Insurance Corporation of India cashier for misappropriating Rs 533 twenty-five years ago. …
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