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SERVICE LAW: Reimbursement for foreign travel not an absolute right for SBI officers: Madras HC …

Reimbursement for foreign travel not an absolute right for SBI officers: Madras HC
Simultaneous Disciplinary Action Against Employee For Conviction In Criminal Case Not Barred Due To Suspension Of Sentence: SC
Govt can regulate appointment of teachers in aided minority institutions, not violation of Article 30: SC
Preliminary inquiry not mandatory in all corruption cases, rules SC
No need to seek sanction to try retired babus: SC
Crime as juvenile can’t be ground to deny government job: Supreme Court
Disciplinary Proceedings: Failure To Give Enquiry Report To Employee Is Breach Of Principle Of Natural Justice: Allahabad HC
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SBI Service Rules

Reimbursement for foreign travel not an absolute right for SBI officers: Madras HC

The judge said the facility extended to get reimbursement of foreign travel expenses, was given by way of an additional facility through a letter and the same was cancelled.
Newindianexpress.com
28th June 2022
CHENNAI: Reimbursement for foreign travels is not an absolute right conferred on the officers of the State Bank of India (SBI), the Madras High Court has ruled.
Read more …..

GavelSimultaneous Disciplinary Action Against Employee For Conviction In Criminal Case Not Barred Due To Suspension Of Sentence: SC

March 03, 2020 : Dtf.in
Hon’ble Supreme Court, in its Judgment dated 25.02.2020 in the case of Life Insurance Corporation of India v. Mukesh Poonamchand Shah, has held as under:-
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]See copy of Judgment >>>  Court Judgements On Service Matters
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Mere ‘Apprehension’ Of Malpractice Not Sufficient To Investigate University: Punjab & Haryana HC

Livelaw.in
March 03, 2020

Govt can regulate appointment of teachers in aided minority institutions, not violation of Article 30: SC

Timesofindia.indiatimes.com
January 07, 2020
NEW DELHI: In an important judgement which could have bearing on running of all government-aided minority educational institutions across the country, the Supreme Court on Monday held that such institutions cannot claim to have absolute right in deciding appointment of teachers and it can be regulated by a government to ensure excellence in imparting education. …

Preliminary inquiry not mandatory in all corruption cases, rules SC

Business-standard.com
December 6, 2019
In a major ruling, the Supreme Court held Friday that the preliminary inquiry is not mandatory in all corruption cases and a formal or informal information disclosing a cognizable offence will be sufficient to initiate prosecution.
The type of preliminary inquiry, if necessary, will depend on the facts and circumstances of each case, it said. …

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No need to seek sanction to try retired babus: SC

Timesofindia.indiatimes.com
Dec 06, 2019
NEW DELHI: The Supreme Court on Thursday said there is no need to seek sanction before prosecuting a retired government employee in a corruption case, holding that such protection is available to a public servant only during his service. …

Crime as juvenile can’t be ground to deny government job: Supreme Court

Timesofindia.indiatimes.com
Nov 30, 2019
NEW DELHI: Maintaining that no stigma should be attached to a person for offences committed as a child, the Supreme Court on Friday said the criminal record of a juvenile could not be an obstacle for getting a government job and other benefits after the person becomes an adult. …

Disciplinary Proceedings: Failure To Give Enquiry Report To Employee Is Breach Of Principle Of Natural Justice: Allahabad HC

Livelaw.in
September 27, 2019
The Allahabad High court on Friday held that failure to give enquiry report to an employee, undergoing disciplinary proceedings, amounts to denial of reasonable opportunity to employee to prove his innocence and contravenes the principle “audi alterem partem”, as imbibed under the principles of natural justice ….

No protection from criminal prosecution for PSU employees: Apex court

Thehindubusinessline.com
August 19, 2019
BSNL and its officers, who were of the cadre of Indian Telecommunication Service and later shifted to the PSU, had challenged the order of a trial court initiating criminal prosecution against them in the case.
Protection from criminal prosecution is not available to those public servants who work in government companies or undertakings, the Supreme Court held on Monday. …

University teachers are not government servants: Applying CCS rules to them militates against higher education

Timesofindia.indiatimes.com
August 3, 2019
The chargesheeting of 48 teachers of Jawaharlal Nehru University, many of them senior and distinguished academics, by the university’s administration can scarcely be described as a normal or routine event. The disciplinary proceedings initiated against a twelfth of the total faculty strength who belong to diverse disciplines has come as a shock. …

HC orders stay on setting up of Haryana Administrative Tribunal

Indianexpress.com
August 2, 2019
Nearly a week after Punjab and Haryana High Court Bar Association lawyers began an indefinite strike to protest the Khattar government’s decision of establishing Haryana Administrative Tribunal (HAT) for adjudication of service matters of its employees, the High Court Friday ordered that the notification to set up the Tribunal remains suspended. …

Gavel
(Representative Photo)

HC overrules Rajasthan University chancellor’s order

Timesofindia.indiatimes.com
Feb 28, 2019
JAIPUR: In a landmark decision, the Rajasthan High Court said the chancellor of the university (governor) has no jurisdiction to interfere with the appointment of officers after being recommended by the duly constituted selection committee and approved by the syndicate. …

Disciplinary Action Against CBSE School Teacher Cannot Be Challenged In Writ Petition : Kerala HC

Livelaw.in
28 Feb 2019
 A judicial review of the action challenged by a party can be had by resort to the writ jurisdiction only if there is a public law element and not to enforce a contract of personal service, said the Court.
A division bench of High Court of Kerala has answered a reference to hold that disciplinary action against a teacher in a school affiliated to the Central Board of Secondary Education(CBSE) cannot be challenged in a writ petition under Article 226 of the Constitution of India. …

Inordinately delayed suspension order indicative of lack of material, quashed: MAT

Times of India
Nov 13, 2018
MUMBAI: Maharashtra administrative tribunal (MAT) recently held as illegal and set aside an order of suspension of a government employee passed with retrospective effect, 10 months after his arrest and release on bail in a cheating and forgery case. …

Gavel
(Representative Photo)

HC cancels dismissal of Pondy cop

Timesofindia.indiatimes.com 
Jun 21, 2017
Chennai: In one of the quickest ever settlements of a service case, the Madras high court cancelled the dismissal of a Puducherry police constable from service, and ordered his immediate reinstatement, saying it was shocked by the manner in which the constable was targeted and dismissed without inquiry.
“The manner in which the file has travelled from one office to another with remarks, without any materials, and the finding of officers disproportionate to the materials in the file only shocks the conscience of this court,” said Justice R Mahadevan on Monday. …

‘Stepchild’ of deceased govt employee not eligible for appointment: HC

Timesofindia.indiatimes.com
Apr 27, 2017
BENGALURU: The Karnataka High Court has ruled that the stepchild of a deceased public servant is not eligible for appointment under Karnataka Civil Services (Compassionate Appointment) Rules, 1996.
“The word ‘son’ referred to in rule 2(1)(a) of the rules is preceded by the word ‘his’ or ‘her’. Further, as per rules 3(3), an adopted son or daughter of a deceased government servant shall not be eligible for appointment under the rules. …

Govt servants may get ‘shield’ from prosecution, agencies will need approval to probe

Timesofindia.indiatimes.com
Nov 10, 2016
NEW DELHI: All government servants may get a ‘shield’ from prosecution as the Centre has okayed changes in the Prevention of Corruption Act to make it mandatory for investigating agencies like CBI to take its prior approval before initiating an investigation against them. …

Service LawDeterrent punishment be given to corrupt government servants: Court

Deterrent punishment should be given to corrupt public servants as graft has become a deep- rooted problem in society, a city court has said while awarding three-year jail term to a former government official in a disproportionate assets case.
India.com
November 2, 2016
New Delhi, Nov 2: Deterrent punishment should be given to corrupt public servants as graft has become a deep- rooted problem in society, a city court has said while awarding three-year jail term to a former government official in a disproportionate assets case. Special CBI Judge Bhupesh Kumar handed down the jail term to Diwakar Sharma, an ex-Under Secretary with the Science and Technology Ministry, for amassing disproportionate assets to the tune of Rs 32.42 lakh between 1995 and 2005, noting that he had acquired these through “ill gotten means”. …

‘Tainted’ officers lose anti-prosecution shield when transferred: SC

Economictimes.indiatimes.com
Sep 08, 2016
NEW DELHI: Providing investigating agencies a significant handle to go after officials accused of corruption, the Supreme Court has ruled that no sanction will be required to prosecute government servants who have been transferred out of a post where they allegedly indulged in such activities. …

Supreme Court modifies order, asks LIC to pay 50% of back wages to grade III, IV part-time workers

Dnaindia.com
9 Aug 2016
The Supreme Court had earlier directed LIC to pay full back wages to temporary employees of grade III and IV.
The Supreme Court modified its earlier order on Tuesday of giving full back wages to temporary LIC employees of grade III and IV, who were asked to be regularised and directed the insurance company to pay 50% of the back wages with consequential benefits considering the “immense financial burden”. …
See SC Judgement >>>  SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr. >>> Court Judgments on Service Matters

SC: Can’t deny job for petty crimes of past

Timesofindia.indiatimes.com
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.

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* CGHS Circulars/Empanelled Hospitals/Package Rates
* Public Sector Enterprises Service Rules 
* Verification of SC/ST/OBC Caste Status or Claims of SCs, STs and OBCs
* Court Judgments.

No sanction needed to try government servants for illegal acts: Supreme Court

India.com
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. …

Acquiring assets not crime unless source illegal: SC in DA case

Timesofindia.indiatimes.com
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”. …

Second ‘wife’ of forest guard left in lurch as HC denies pension

Timesofindia.indiatimes.com
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. …

Madras HC comes to the rescue of TN’s first woman IFS officer   

Timesofindia.indiatimes.com
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. …

Indian Railway
As per the Hyderabad High Court’s Order, the court is not supposed to exercise the power of judicial review to set aside a transfer order. (Dreamstime Image)

Court Can’t Set Aside Transfer Order: Hyderabad HC    

Newindianexpress.com
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. …

Assets of graft accused can be seized before conviction
(Pixabay Image)

Assets of graft accused can be seized before conviction   

Timesofindia.indiatimes.com
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. …

If dependent, married girls eligible for jobs: HC

Timesofindia.indiatimes.com
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     
Timesofindia.indiatimes.com
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. …

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