Category: Service Law

State of Rajasthan and Ors Vs Love kush Meena-24/03/2021

Whether a benefit of doubt resulting in acquittal of the accused in a case charged under Sections 302,323,341/34 of the Indian Penal Code  can create an opportunity for the accused to join as a constable in the Rajasthan Police service-NO- Any Govt circular favouring acquitted accused for job has to be read in the context of the judicial pronouncements that giving benefit of doubt would not entitle candidate for appointment.

Whether termination during PROBATION could be viewed as a punitive action?

mere continuation of service beyond the period of PROBATION does not amount to confirmation unless it was so specifically provided. The other line, though in very few cases, but, has been taken by this Court is that where there is provision in the Rules for initial PROBATION and extension thereof, a maximum period of such extension is also provided beyond which it is not permissible to extend PROBATION.

Dayal Saran Sanan Vs Union of India and others-16/01/1980

SUPREME COURT OF INDIA JUDGMENTS

Constitution of India, 1950—Article 311(2)—Central Civil Services (Classification, Control and Appeal) Rules, 1965—Rule 19(1)—Natural justice—Petitioner dismissed from service because of conviction by Criminal Court—In appeal dismissal was modified to one of compulsory retirement—No notice was issued before passing order of dismissal—No summary inquiry was held and no opportunity was given before passing order of dismissal or of compulsory retirement—Order liable to be set aside.

সরকারি চাকরি আইন ২০১৮-Sarkari Chakri Aain-2018

“‌‌বেতন” অর্থ একজন কর্মচারী প্রতি মাসে বেতন, ওভারসিজ পে, বিশেষ বেতন, ব্যক্তিগত বেতন বা সরকার কর্তৃক বেতন হিসাবে বিশেষভাবে শ্রেণিভুক্ত অন্য যে কোনো প্রকার আয় বাবদ যে অর্থ প্রাপ্য হন; তবে কোনো পদে স্থায়ীভাবে বা অফিসিয়েটিং হিসাবে অধিষ্ঠিত থাকিবার কারণে বা কোনো কর্মবিভাগে তাহার অবস্থানের কারণে বিশেষ বেতন বা তাহার ব্যক্তিগত যোগ্যতার কারণে মঞ্জুরিকৃত বেতন ইহার অন্তর্ভুক্ত হইবে না;

STATUTE OF THE UNITED NATIONS DISPUTE TRIBUNAL

The UN Dispute Tribunal hears and passes judgement on an application filed by an individual(employee),  against the Order of  Secretary- General of the United Nations for non-compliance with the terms of appointment or the contract of employment. The terms “contract” and “terms of appointment” include all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged non- compliance.

DELHI HIGHER JUDICIAL SERVICE RULES, 1970

No.F.1(1)/70-JUDICIAL (I):- In exercise of the power conferred by the proviso to Article 309 of the Constitution read with the Government of India, Ministry of Home Affair’s Notification No.1/2/70/DH(S), dated the 29th May, 1970 as amended by Notification No.F.1/2/70-DH(S), dated the 25th July, 1970 and all other powers enabling him in this behalf, the Lieutenant Governor of Delhi in consultation with the High Court of Delhi is pleased to make the following rules

State of U.P. and another Vs Johri Mal-21/04/2004

The age old tradition on the part of the States in appointing the District Government counsel on the basis of the recommendations of the District Collector in consultation with the District Judge is based on certain principles. Whereas the District Judge is supposed to know the merit, competence and capability of the concerned lawyers for discharging their duties, the District Magistrate is supposed to know their conduct outside the Court vis-a-vis the victims of offences, public officers, witnesses etc. The District Magistrate is also supposed to know about the conduct of the Government counsel as also their integrity.

Kumari Shrilekha Vidyarthi Vs State of Uttar Pradesh and others-20/09/1990

This was done in spite of the clear provisions in the L. R. Manual laying down detailed procedure for appointment, termination and renewal of tenure and the requirement to first consider the existing incumbent for renewal of his tenure and to take steps for a fresh appointment in his place only if the existing incumbent is not found suitable in comparison to more suitable persons available for appointment at the time of renewal