When Previous Employer Accepts Resignation, New Employer Can't Deny Appointment To Selected Employee : Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Jyoti Singh, while deciding writ petition held that if an employee has already been relieved by the previous employer, then the new employer can't deny appointment to employee who has passed the selection process. Background Facts The employee was working as a General Manager (Finance) at Brahmaputra...

Promotion Can't Be Denied Due To Reasons Beyond Candidate's Control; Delhi High Court Grants Promotion To Army Officer

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted retrospective promotion to an officer in the Central Reserve Police Force who was earlier denied the same. The Petitioner was posted abroad which resulted in him being ineligible due to not falling within the “10 years Group 'A' service” which was a mandatory condition as per...

Challenge To Nine-Year-Old Appointment Through New Petitioners Not Possible If Earlier Petitions Were Dismissed For Delay: Kerala High Court

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a writ appeal challenging the Single Judge's order that had directed fresh consideration of representations against a professor's appointment. They held that matters settled through earlier Public Interest Litigations cannot be re-agitated through fresh proceedings, even...

Allahabad HC Criticises UP Add'l Chief Secy For Seeking Exemption From Appearance To Attend Programme With CM

The Allahabad High Court recently took exception to an affidavit filed by the Additional Chief Secretary (Finance), UP Govt pleading for exemption from the court's presence on the ground that he was required to attend a Programme to be attended by the Chief Minister. “The proceedings of the Court are not supposed to be delayed because of the Programme fixed by any other...

Bank Can't Withhold Superannuation Benefits Explicitly Granted In Removal Order Despite Ongoing Service Dispute:MP High Court

Madhya Pradesh High Court: A Division Bench comprising Justice Sunita Yadav and Justice Milind Ramesh Phadke partially allowed a writ appeal challenging the Single Judge's order that had directed the appellant to raise an industrial dispute regarding his superannuation benefits. The Court held that when a removal order explicitly grants superannuation benefits, these cannot be...

Punjab & Haryana High Court Reinstates Civil Judge Expelled From Service For Allegedly Abusing Court Staff

The Punjab & Haryana High Court has reinstated an Additional Civil Judge of Punjab, who was expelled from service in 2015 for allegedly abusing Ahlmad posted in his Court. The Judicial Officer was also charged for acting arbitrarily by not forwarding Ahlmad's appeal seeking promotion.Justice Sureshwar Thakur and Justice Sudeepti Sharma found that the testimonies of the Court staff recorded...

Acceptance Of Qualifications At Time Of Appointment Can't be Questioned After 30 Years, Unless Fraud Is Alleged:MP High Court

Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain partially allowed a writ petition challenging an inquiry into a disability certificate submitted for employment three decades ago. The court held that while authorities can investigate allegations of forgery, they cannot question the acceptability of qualifications that were accepted at the time of appointment after...

“Detainee Awaited At Home For Diwali”: Punjab & Haryana HC Grants Bail To Mother-Son Duo Allegedly Illegally Detained In Fraud Case

The Punjab & Haryana High Court has granted bail in an alleged fraud case where a mother and son was allegedly illegally detained.The court added that the plea was preponed to October 31st, considering the fact that due the festival of Diwali, the presence of the accused at their home was awaited. It was alleged that a sitting AIG is relative of the complainant and the police party, who...

'Eyewitnesses, First Informant Ganged Together To Implicate Accused': Allahabad HC Acquits Man In 1982 Murder Case

The Allahabad High Court recently acquitted a man who was convicted in 1982 murder caa, as it noted that two eye-witnesses and the first informant had ganged together to implicate the accused. A bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra also observed that the prosecution story contained many lapses, which made the case doubtful, and the case against...

Prior Period Service Must Count Towards ACP/MACP Benefits For Absorbed Employees: Patna High Court.

Patna High Court: A Single Judge Bench of Justice Harish Kumar directed the State of Bihar to count the petitioner's prior service period before retrenchment for granting Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits. It held that the principles applicable to fresh appointments do not apply to cases of absorption of...

Kerala High Court Admits Plea Seeking SOP For Making Appam And Aravana Prasadam In Sabarimala Temple

The Kerala High Court has admitted a plea moved by a devotee of Lord Ayyappa of Sabarimala Temple seeking a direction to the Travancore Devaswom Board to prepare a Standard Operating Procedure developed by an expert body for procurement, quality checking and analysis of the standards set by the Food Safety and Standards Authority of India (FSSAI) for preparing Appam and Aravana prasadam at...

MP High Court Refuses To Quash Sr Adv Vivek Tankha's Defamation Case Against Union Minister Shivraj Singh Chouhan And Two Others

The Madhya Pradesh High Court dismissed a plea by Union Minister Shivraj Singh Chouhan and two others challenging a magisterial court's order taking cognizance of criminal defamation complaint registered against them by senior advocate and Member of Parliament Vivek Tankha in connection with certain court proceedings from 2021.In doing so, the Jabalpur bench of the high court said that it...