Labour & Service
Enquiry Officer Cannot Act As Presenting Officer And Cross-Examine Witnesses: Chhattisgarh HC Reiterates
A single judge bench of the Chhattisgarh High Court comprising of Justice Rajani Dubey while deciding a Civil Writ Petition in the case of Tapash Choudhary & Ors vs DG, CRPF & Ors. has held that an Enquiry Officer cannot act as Presenting Officer and cross-examine witnesses as it is against the principles of natural justice. Background FactsTapas Choudhary and Mohammad Matiur...
Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice K.S. Hemalekha while deciding a Civil Writ Petition in the case of T.Y. Subramani vs Divisional Controller, K.S.R.T.C. has held that by mere passage of time, a fraudulent practice would not get any sanctity, and equity jurisdiction cannot be exercised in such cases as a person who seeks equity must act in a fair and...
Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC
The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment.The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no...
Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors. has held that the absence of statutory period of limitation under the ID Act, 1947 does not have the effect that substantially delayed lis should be mandatorily entertained by the...
In Absence Of Any Statutory Provision, Seniority Is Counted From Appointment To A Post: Himachal Pradesh High Court
A Division Bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan & Justice Sushil Kukreja while deciding a Letters Patent Appeal (LPA) in the case of State of HP & Ors vs Reena Verma has held that in the absence of any statutory provision, once a person is appointed to a post, his/her seniority is counted from the date of appointment. Background...
Employee Placed Under Suspension During Detention Can't Be Denied Wages Upon Acquittal In Absence Of Any Disciplinary Enquiry: Allahabad HC
The Allahabad High Court has held that an employee placed under suspension during the period of detention cannot be denied wages upon acquittal in the absence of any disciplinary enquiry and bail during the period of suspension.The Court further held that such an employee who has been suspended during the period of detention needs to prove that he was not gainfully employed during...
Lien Of A Government Servant Only Ceases When Appointed On Another Post Substantively Or Absorbed Permanently: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Shiv Kumar vs State of Rajasthan & Ors. has held that lien of a government servant only ceases to exist when he/she is appointed on another post substantively or absorbed permanently. Background FactsDr. Shiv Kumar (Petitioner) was appointed as...
Employees Have A Legitimate Expectation For Extension Of Same Benefits As Extended To Similarly Situated Employees: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Mukesh Sharma vs State of Rajasthan has held that employees have a legitimate expectation of getting same benefits which were extended to an employee which is similarly situated.Background FactsDr. Mukesh Sharma (Petitioner) was appointed as...
Punishment Of Forfeiture Of Service Can Be Imposed For Willful Absence Though Not Explicitly Stated Under Services Rules: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Shiv Kumar Khandelwal vs State of Rajasthan & Ors has held that punishment of forfeiture of service can be imposed for willful absence even though it is not explicitly spelt out under Rule 14 of Rajasthan Civil Services (Classification, Control and...
When Dealing With Matters Of Concealment, Courts Ought To Juxtapose The Nature Of Concealment With The Nature And Terms Of Recruitment: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Nand Kishore Meena vs General Manager, Disciplinary Officer, Oriental Bank of Commerce has held that while dealing with matters of concealment, the courts ought to juxtapose the nature of concealment on part of the applicant with the nature and terms of...
Retiral Benefits Cannot Be Withheld Because Of Proceedings Which Do Not Relate To Official Duties: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition (“CWP”) in the case of Mahesh Chandra Soni vs State of Rajasthan and Ors. has held that retiral benefits cannot be withheld because of proceedings which do not relate to official duties like family disputes. Background FactsMahesh Chandra Soni (“Petitioner”)...
Compassionate Appointment | Daughter-In-Law Supposed To Be Treated Like Daughter In India, Integral Part Of Family: Allahabad High Court
The Allahabad High Court has granted compassionate appointment to daughter-in-law as the son of the deceased was suffering from 75% disability. The Court held that daughter-in-law is an integral part of the family and is supposed to be treated like a daughter.The bench comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh held,“As per the custom of Indian Society, daughter-in-law...