Strict rules of Evidence and standard of proof in it do not apply to departmental proceedings or domestic tribunal.

It is thus well settled law that strict rules of the Evidence Act, and the standard of proof envisaged therein do not apply to departmental proceedings or domestic tribunal. It is open to the authorities to receive and place on record all the necessary, relevant, cogent and acceptable material facts though not proved strictly in… Read More Strict rules of Evidence and standard of proof in it do not apply to departmental proceedings or domestic tribunal.

Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]

September 07, 2018  – Direct Recruitment-Supreme Court discussed the following issues for decision:

I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?

II Whether Shri R.K. Kushwaha, the direct recruit had laid challenge to the rules, which provide for giving weightage in the seniority to the promotee officers?

III Whether the findings of the CAT in respect of N.R. Parmar’s case (supra) was limited to removing the arbitrariness only in respect of ‘DITS’?

IV Whether by issuing the memorandum dated 05.03.2018 amendment/modifying rules 327341 the Railways have violated the order issued by the CAT?

I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?… Read More Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]

Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

September 6, 2018-Writ Petitions under Article 32-Army Service Corps-The Officers belonging to the ASC, Army Ordinance Corps, and Electronic and Mechanical Engineers, i.e. the services stream, do not constitute a common cadre with those serving in the Arms, and Arms Support for the purposes of promotion.4 As a result, they were not entitled to be considered for promotion to the rank of Colonel against the vacancies created in pursuance of the implementation of the AVS Committee Report.

The Petitioners have contended that the Posting Orders passed by the Respondents posting them to operational areas/units is violative of their Fundamental Rights guaranteed by Articles 14 and 21 of the Constitution. The Petitioners have, however, failed to substantiate how their Fundamental Rights have been violated. Postings and transfers are a necessary incident of service. Hence, the grievance, if any, cannot be entertained under Article 32.… Read More Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

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

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

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

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