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.
In the law relating to master and servant the expression “dismissal” has acquired a limited meaning – determination of employment as a method of punishment for misconduct or other cause.
In many of these decisions the expressions “vested rights” or “accrued rights” have been used while striking down the impugned provisions which had been given retrospective operation so as to have an adverse effect in the matter of promotion, seniority, substantive appointment, etc., of the employees.
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.
The rule enacted to constitute a Service to be known as the ‘Indian Enterprise Development Service’ consisting of members Published vide Notification No. G.S.R. 536(E), dated 31.7.2019 G.S.R. 536(E). – In exercise […]
whether the employer, Statutory Corporation or instrumentality or other authority under Art. 12 of the Constitution has unbridled power to terminate the services of a permanent employee by issue of notice or pay in lieu thereof without inquiry or opportunity, in exercise of the power in terms of contract which include statutory Rules or Regulations or instructions having force of law.
(1) These rules may be called the West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980. (2) They shall apply to all employees ot die Government of West Bengal: Provided […]
No. 5827-F —1st December 1971. In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following rules namely: […]
In pursuance of sub-rule (1) of rule 17 of the All India Services (Leave) Rules, 1955, the Central Government in consultation with the State Governments concerned hereby makes the following regulations namely:— […]
In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951, (61 of 1951), and in supersession of the All India Services (Confidential Rolls) Rules, […]