Category: Service Law

Service Law

Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings and Inquiry Officer is in the position of an independent … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

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Service Law

Bhupendra Kumar Chimanbhai Kachiya Patel Vs. Divisional Controller GSRTC Nadiad[ALL SC 2018 MARCH]

KEYWORDS:- appointment and absorption-temporary or badli kamdar- appreciation of evidence under article 136- Supreme Court cannot appreciate the evidence in the appeals filed under Article 136 of the Constitution. It is more so when the Single Judge and Division Bench did not agree with the factual findings of the Tribunal and rightly reversed those findings. It is binding on the Supreme Court. DATE:-March 07, 2018 SUPREME … Continue reading Bhupendra Kumar Chimanbhai Kachiya Patel Vs. Divisional Controller GSRTC Nadiad[ALL SC 2018 MARCH]

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CIVIL, Service Law

Sunita Singh Vs. State of Uttar Pradesh and others [SC 2018 January ]

KEYWORDS:-  Termination from service- Caste certificate- DATE:- JANUARY 19, 2018- The caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. However, having regard to the fact that the appellant has already served as a Teacher and Vice-Principal of Kendriya Vidyalaya without any black spot in her service career for about 21 years, and that she is going … Continue reading Sunita Singh Vs. State of Uttar Pradesh and others [SC 2018 January ]

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CIVIL, Service Law

The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc[SC 2017 DECEMBER]

KEYWORDS:-violation of the principles of natural justice- DATE: December 11, 2017- SUPREME COURT OF INDIA The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc. [Civil Appeal Nos. 10506-10510 of 2011] KURIAN, J. 1. The appellants are before this Court, aggrieved by the Judgment and order dated 26.03.2010 passed by the Madurai Bench of the High Court of … Continue reading The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc[SC 2017 DECEMBER]

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CIVIL, Service Law

Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors [SC 2017 DECEMBER]

KEYWORDS:- Education Services Selection Board – Trained Graduate Teachers – Evaluation of answer sheet- December 11, 2017 DIRECTION ISSUED ON EVALUATION OF ANSWER SHEET A judge might have a difference of opinion with another judge, but that does not give him or her any right to ignore the contrary view. In the event of a difference of opinion, the procedure sanctified by time must be adhered to … Continue reading Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors [SC 2017 DECEMBER]

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CIVIL, Service Law

The Departmental Proceedings (Enforcement Of Attendance Of Witnesses And Production Of Documents) Act, 1973 [West Bengal]

West Bengal Act 24 of 1973 [7th May, 1973.]Assent of the Governor was published in the Calcutta Gazette, Extraordinary, dated the 7th May, 1973. An Act to provide for the enforcement of attendance of witnesses and production of documents in certain departmental proceedings and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for the enforcement of attendance of witnesses and production of … Continue reading The Departmental Proceedings (Enforcement Of Attendance Of Witnesses And Production Of Documents) Act, 1973 [West Bengal]

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CIVIL, Service Law

Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

KEYWORDS:- Backword Class-Jaat caste The Central List of OBCs prepared for the States of Uttar Pradesh in 1993 did not include the “Jaat” caste/ community. The State of Uttarakhand was formed in 2000. By a Resolution passed in 2010, the National Commission for Backward Classes resolved that till the Central List for the State of Uttarakhand was finalized, the List that was in operation in … Continue reading Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

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CIVIL, Service Law

District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

KEYWORDS:-  termination from Service- Compensation -Retrenchment It is trite law that when the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee by paying him the retrenchment compensation. Since such a workman … Continue reading District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

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CIVIL, Service Law

Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

keywords:- regularization of appointment- Temporary appointment One cannot dispute that the State has the power to appoint persons for a temporary period under the Act and Rules framed thereunder and once such power was exercised by the State, the status of such appointee continued to be that of temporary employee notwithstanding grant of some extensions to them for some more period. The grant of extension … Continue reading Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

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