Tag: Service Law

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.

Dismissal means

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.

Vested rights in service matters

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.

Delhi Transport Corporation Vs D. T. C. Mazdoor Congress and others – 4/09/1990

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.