Selection process-the norms existing on the date when the process of selection begins, will control the selection and the alteration to the norms would not affect the ongoing process unless the new Rules are to be given retrospective effect.
THE EMPLOYMENT (RECORD OF SERVICES) ACT 1951
Before engaging an employee the employer shall require from him his service book, if he asserts that he has been previously in employment under any other employer and the employee shall produce the service book if he has one.
Prabhjot Singh Mand and Ors Versus Bhagwant Singh and Ors-29/07/2009
Punjab Civil Services (Executive Branch) Rules, 1976 Rules 18, 21 and 20-A Court while exercising its judicial function would ordinarily not pass an order which would make one of the parties to the lis violate a lawful order passed by another Court
Article 142 of the Constitution of India cannot be exercised to supplant the statutory provision
Anupal Singh and Others Vs. State of U.P through Principal Secretary, Personnel Department and Others-30/09/2019-The power under Article 142 of the Constitution of India cannot be exercised to supplant the statutory provision under the UP Reservation Act, 1994.
In West Bengal Panjabi speaking Sikhs are linguistic minority against Bengali: SC
Chandana Das (Malakar) Vs. State of West Bengal & Ors-25/09/2019-
In the State of West Bengal, Sikhs are a linguistic minority vis-à-vis their language, namely, Punjabi, as against the majority language of the State, which is Bengali.
Tarakeswar Rewani vs The UCO Bank & Ors [CHC]-26/07/2019
Availability of an alternative remedy does not oust the High Court’s jurisdiction to entertain a writ petition is settled law. The jurisdiction exercised by the High Court under Article 226 of the Constitution is plenary. The relief under Article 226 being discretionary, it is for the Court to decide, whether or not to entertain an application, depending upon the facts and circumstances of each case.
Dalbir Singh Vs. Union of India & Ors-02/07/19
Summary General Court Martial-In service matters the past conduct, both positive and negative will be relevant not only while referring to the misconduct but also in deciding the proportionality of the punishment, the Court should be cautious while considering the case of an officer/soldier/employee of a disciplined force and the same yardstick or sympathetic consideration as in other cases cannot be applied. The resources of the country are spent on training a soldier to retaliate and fight when the integrity of the nation is threatened and there is aggression. In such grave situation if a soldier turns his back to the challenge, it will certainly amount to cowardice.
The Maharashtra Public Service Commission through its Secretary Vs. Sandeep Shriram Warade – 03/05/19
The essential qualifications for appointment to a post are for the employer to decide. If the language of the advertisement and the rules are clear, the Court cannot sit in judgment over the same. If there is an ambiguity in the advertisement or it is contrary to any rules or law the matter has to go back to the appointing authority after appropriate orders, to proceed in accordance with law. In no case can the Court, in the garb of judicial review, sit in the chair of the appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same.
The IPS (PAY) Rules, 2007
The IPS (PAY) Rules, 2007 Revision of the pay scales of Indian Police Services 2008
Service matters
“service” means service within or outside India; (q) “service matters“, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the […]
UNION OF INDIA (UOI) Vs. H.C. GOEL
Article 311 consists of two sub-articles and their effect is no longer in doubt. The question about the safeguards provided to the public servants in the matter of their dismissal, removal or […]
Raj Narain Vs. Union of India & Ors.
In all other cases, we do not see any difference between initiation of the criminal proceedings by the department vis-a-vis a criminal case lodged by the police. If an employee is involved in embezzlement of funds or is found indulging in demand and acceptance of illegal gratification, the employer cannot be mulcted with full back wages on the acquittal of the person by a criminal Court, unless it is found that the prosecution is malicious.
Standard of proof in a Departmental Enquiry which is Quasi Criminal/Quasi Judicial in nature:
A. In M.V. Bijlani Vs. Union of India (UOI) and Others, this Court held: “… Disciplinary proceedings, however, being quasi criminal in nature, there should be some evidences to prove the charge. […]
All India Services Rules
Under All-India Services Act, 1951 (61 of 1951) All India Services Rules (Vol. – I) Sl. No. Title 1 Relevant Portions of the Constitution of India relating to the All India Services. […]
Punjab State Power Corporation Ltd. Vs. Rajesh Kumar Jindal & Others
The burden of proof in establishing parity in pay scales and the nature of duties and responsibilities is on the person claiming such right. The person claiming parity must produce material before […]
Provident fund amount is payable even after dismissal of the employee- Madras HC
Entitlement for Payment of provident fund — Respondent refusing to pay the provident fund amount payable to him on the ground that the petitioner misappropriated huge amount and caused loss to the Society. — Whether the petitioner can be deprived of the provident fund. — Section 72 of the Act, that was extracted above, makes it clear that the provident fund shall not be liable to attachment or be subject to any other process of any court or other authority. — Furthermore, when the facts are also not in dispute, no useful purpose would be served in driving the petitioner to the revisional authority after two years of filing of the writ petition for claiming provident fund.
Holidays in West Bengal under Service rules
West Bengal Service Rules, Part I Gazetted holidays and Sundays Holiday means— (a) a holiday prescribed or notified by or under Section 25 of the Negotiable Instruments Act, 1881 as amended by Act […]
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 […]
Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors – 07/11/ 2018
September 07, 2018 – Direct Recruitment-Supreme Court discussed the following issues for decision:
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.
