Acquittal Of Employee In Criminal Case Does Not Automatically Entitle Him To Full Pay & Back Wages For Suspension Period: Bombay High Court

The Bombay High Court has held that the acquittal of an employee in a criminal case does not automatically entitle him to full pay and back wages for the period of suspension. The Court observed that entitlement to full salary depends on the facts and circumstances of each case and the discretion exercised by the competent authority under applicable service regulations.A division bench...

Guilt Can Be Established On Basis Of Preliminary Inquiry Statements Even If Key Witnesses Turn Hostile During Departmental Proceedings : Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that in departmental proceedings, the guilt of an employee can be established on the basis of circumstantial evidence and initial statements made during a preliminary inquiry, even if the key witnesses subsequently turn hostile during the departmental enquiry. Background Facts...

After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC

A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee...

[Disabilities Act] Disabled Employee Shifted To New Cadre Cannot Claim Seniority Based On Previous Service: Bombay High Court

The Bombay High Court has held that a disabled employee who is shifted to another post or cadre under Section 47 of the Disabilities Act cannot claim seniority in the new cadre based on past service in the previous post. The Court observed that while the statute protects continuity of pay and service benefits, it does not permit disturbance of the existing seniority of employees already...

Do The New Labour Codes Make Working Hours More Arduous?

India's labour law reforms have generated extensive debate, particularly on the issue of working hours. A recurring concern is whether the new Labour Codes make working conditions more demanding for employees. While public discourse often highlights the flexibility introduced by the Codes, a closer legal examination reveals a more nuanced shift—one that recalibrates both work-hour norms and wage obligations.Under the erstwhile Factories Act, 1948, working hours were governed by a structured...

'Assault On Public Servants By A Private Individual Constitutes Offence Of Moral Turpitude': Bombay High Court

The Bombay High Court has held that assault on public servants by a private individual, particularly in the course of unlawful agitation, constitutes an offence involving moral turpitude. The Court observed that such acts reflect a breach of social duty and undermine public order, thereby falling within the concept of depravity and conduct contrary to accepted standards of society.Justice...

Pension Can't Be Withheld On Basis Of Single Instance Of Irregularity; Entire Service Must Be Found Thoroughly Unsatisfactory: Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar held that the pension of an employee cannot be withheld based on a single instance of irregularity, it requires that employee committed grave misconduct and his entire service was thoroughly unsatisfactory. Background Facts The employee (Respondent) joined the...

Compassionate Appointment Can't Be Denied On Ground Of Delay When Initial Application Was Timely: Rajasthan High Court

The Rajasthan High Court has set aside rejection of compassionate appointment to the petitioner on the grounds of the second application being time barred, opining that since no negative or positive order was passed by the State on the previous application by the petitioner that was filed within the time frame, rejection of second application was contrary to the settled norms. The bench...

Halting The Pendulum: Imperative Of Finality In Judicial Eligibility

The seat of a Civil Judge (Junior Division) is not merely a bureaucratic rung on the administrative ladder; it is the foundational bedrock of the Indian adjudicatory machinery. It is within the austere, often overburdened walls of the mofussil courts that the common citizen first encounters the formidable apparatus of the State. Consequently, the criteria for occupying such a profound constitutional office must be rooted in unshakeable clarity. Yet, for over three decades, the...

Logged In, Left Out: How Code On Social Security, 2020 Only Mentions About India's Gig Workers

Every morning, lakhs of delivery riders log onto Swiggy and Zomato. Many of them, simultaneously, are running Magicpin or have Urban Company bookings lined up for the afternoon. They are not employees. They are not contractors in any traditional sense. They are, in the words of the Code on Social Security, 2020, 'gig workers' viz. a category India's Parliament finally saw fit to acknowledge. But acknowledgment, as it turns out, is not protection.This piece argues that the Code on Social...

Merit Must Prevail For Department Allocation In Combined Recruitment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that in combined recruitment processes, allocation of departments must be governed by inter se merit and cannot be done in a manner that allows lower-ranked candidates to secure more preferred postings. The Court observed that deviation from merit-based allocation violates the principles of equality and fairness under Articles 14 and 16 of...

Jharkhand High Court Directs Withholding Of Transport Officer's Salary For Non-Payment Of Employee's Pension, Retiral Dues

The Jharkhand High Court has, in an unusual development, ordered withholding of the salary of the District Transport Officer, Palamau for failure to comply with directions to pay retiral dues, warning that continued non-compliance would result in similar action against the Deputy Commissioner-cum-Secretary, Regional Transport Authority.A Single Judge Bench of Justice Ananda Sen was hearing...