Two Candidates Secure Same Marks, Age Determines Selection: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur reiterated that in cases where two candidates secure the same marks, age should determine the selection of such candidates. The Bench allowed a Writ Petition wherein the Petitioner sought appointment based on having secured the same marks as that of another candidate who was appointed to...

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments. Background Facts The employee was working in Arambagh Municipality. He died on 4th November, 2014 while in service. His divorced...

Govt Must Assign Reasons For Keeping Any Post Vacant: Tripura High Court Asks State To Consider Promoting Female Jailor

The Tripura High Court recently directed the State Jail Department to consider promotion of a Female Jailor to the post of Deputy Superintendent under Home Jail Department, Government of Tripura as she has been serving as Jailor for the last 12 years and has not been considered for promotion till date.The single judge bench of Justice Arindam Lodh observed: “True it is that, promotion is not...

Gujarat High Court Sets Aside Order Directing State To Appoint Woman With 70% Permanent Disability As Anganwadi Worker

After examining the duties and responsibilities of the Anganwadi worker provided in a government resolution, the Gujarat High Court recently set aside a single judge's order which had directed the state to appoint a woman with 70% permanent disability as an anganwadi worker.The court said this after noting that the role necessitates the physical capability to perform tasks which involves...

'Bank Officers Expected To Maintain Higher Standards Of Honesty' : Supreme Court Affirms Dismissal Of Staff For Bank Fraud

While deciding an appeal pertaining to disciplinary proceedings against a bank manager, the Supreme Court reiterated that acquittal in a criminal case does not exonerate the person in disciplinary proceedings. The Court reasoned that the standard of proof differs in both of these scenarios. The Bench of Justices Abhay S. Oka and Augustine George Masih also stressed that "bank officers...

Unsuccessful Candidate Can't Challenge Expert Opinion Later, Claiming That Self Assessment Showed His Answers To Be Correct: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has reiterated that an unsuccessful candidate cannot later challenge the opinion of experts on the ground that in their self assessment the candidate believes their answer to be correct going against the expert opinion. In doing so the high court the dismissed an man's plea who could not qualify the Assistant Engineer (Mechanical) exam, but had...

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.Justice Suraj Govindaraj held thus while dismissing...

Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date

Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout...

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.The single-judge bench of Justice Vijay Kumar Shukla observed, “The...

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC

In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18...

Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC

Chhattisgarh High Court: A division bench of Justices Ramesh Sinha and Ravindra Kumar Agrawal held that the State cannot withhold gratuity from a retired Revenue Sub-Inspector without any prior departmental inquiry. Following State of Punjab v. Rafiq Masih, the court ruled that recovery from Class III employees post-retirement is illegal unless proceedings were initiated...