Mere Registration Of Criminal Case Does Not Mechanically Disqualify A Candidate From Police Service: Allahabad High Court

The Allahabad High Court has held that a candidate cannot be mechanically disqualified from appointment to the police force merely because a criminal case was registered against him. It held that the Government Order dated 28.04.1958, which governs verification of the character and antecedents of State Government recruits, provides for an assessment of the candidate's suitability and does...

Bombay High Court Quashes Govt Resolution Reducing Age Limit For Anganwadi Sevikas' Promotion To Supervisor; Restores 55-Yr Limit

The Bombay High Court has quashed a Government Resolution reducing the maximum permissible age for promotion of Anganwadi Sevikas to Supervisor from 55 years to 50 years. The Court held that legitimate expectation arose from the Government Resolution dated 17 November 2001 and corrigendum dated 7 December 2001, under which Anganwadi Sevikas up to 55 years were eligible for promotion.A Division Bench of Justice Sharmila U. Deshmukh and Justice Neeraj P. Dhote was hearing a petition challenging...

Tripura High Court Sets Aside Cancellation Of Graduate Teacher's Appointment After University Confirms Degrees As Genuine

The Tripura High Court has set aside the cancellation of a candidate's appointment as Graduate Teacher, holding that the State had no basis to cancel the appointment after the petitioner produced subsequent genuineness certificates issued by Madurai Kamaraj University, which remained unrebutted by the authorities. Justice Biswajit Palit remarked that: “there was no basis on the part of the Director of Secondary Education to cancel the Offer of appointment in favour of the petitioner by memo...

Promotion Rules Cannot Be Altered Midway To Favour Ineligible Candidates, Rules Uttarakhand High Court

A Division Bench of the Uttarakhand High Court comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit held that the rules cannot be changed midway for an ongoing promotion exercise, and the right to be considered for promotion under the existing rules cannot be defeated by arbitrarily suspending the process to amend the rules and benefit ineligible candidates. Background Facts The promotion process to the post of Deputy Director/Chief Agriculture Officer had commenced on...

Civil Services | Disciplinary Proceedings Can't Continue After Retirement Without Governor Sanction Under Regulation 351-A: Allahabad High Court

The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to...

Charge-Sheet Witnesses Must Be Examined In Presence Of Delinquent Employee, Deviation Infringes Natural Justice: Allahabad High Court

The Allahabad High Court has held that Rule 7(vii) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 requires the Inquiry Officer to record the oral evidence of the witnesses named in the charge-sheet in the presence of the charged government servant, and any deviation infringes the principles of natural justice. It held that the opportunity to cross-examine must be given...

Trivial Domicile Error Without Undue Advantage Cannot Justify Cancelling Appointment: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Robin Phukan and Justice Yarenjungla Longkumer held that a trivial, inadvertent, and bona fide error in an application that does not affect eligibility or provide any undue advantage is not a valid ground to cancel a candidature or appointment. Background Facts The respondents had applied for the post of Constable (GD) in CRPF in view of the online notice, dated 21/07/2018, issued by the Staff Selection Commission. They...

Pre-Regularization Service Must Be Counted For Pension Benefits : Supreme Court

The Supreme Court has held that service rendered by employees on contract, ad hoc, daily-wage or work-charge basis prior to their regularization must be counted as qualifying service for retiral and pensionary benefits, particularly where the breaks in service are merely notional, artificial or caused by administrative circumstances or court orders.Holding thus, a bench of Justice Prashant...

Supreme Court Upholds Asst Professor's Appointment Despite Doubts Over PhD, Orders University Probe

The Court refused to interfere with the appointment on the ground that PhD was not a mandatory qualification for the post.

Enquiry Officer Acting As Prosecutor Through Leading Questions Vitiates Disciplinary Proceedings: Chhattisgarh High Court

The Chhattisgarh High Court has held that while non-appointment of a Presenting Officer by itself does not vitiate a disciplinary enquiry, an Enquiry Officer cannot assume the role of the prosecutor by putting leading or suggestive questions to prosecution witnesses. The Court held that such conduct compromises the Enquiry Officer's position as an independent adjudicator, gives rise to a...

Widow's Family Pension Must Be Paid From Date Of Husband's Death : Supreme Court

The Court stated that its 2014 judgment in 'Tarsem Singh' was rendered ignoring an earlier precedent.

Bigamy Strictly Prohibited: Allahabad High Court Upholds CRPF Constable's Dismissal Under 'Minor Punishments' Provision

The Allahabad High Court has held that a member of the Central Reserve Police Force can be dismissed from service under Section 11 of the Central Reserve Police Force Act, 1949, which is headed 'Minor punishments'. It held that the punishments listed in clauses (a) to (e) of Section 11(1) are awardable in addition to, or in lieu of, suspension or dismissal, and are not the only punishments...