Departmental Proceedings Need Not Be Stayed Merely Because Criminal Case Is Pending Unless Prejudice Is Shown: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that departmental proceedings cannot be halted merely because a criminal case is pending on the same allegations.The High Court clarified that a stay is justified only where the criminal case is of a grave nature involving complicated questions of fact and law, and where continuation of disciplinary action would prejudice the...

Courts Can't Interfere In Court-Martial Merely On Compassionate Grounds If Proceedings Not Irregular: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that courts cannot interfere with court-martial proceedings merely on grounds of compassion or if the punishment appears excessive, provided the proceedings are conducted in strict conformity with law.A Division Bench of Justices Sanjeev Kumar and Sanjay Parihar set aside an Armed Forces Tribunal (AFT) order that had modified the...

State Can't Withhold Career Progression Benefits For Its Own Lapse In Maintaining Performance Records: Rajasthan High Court

The Rajasthan High Court has upheld the order of the Central Administrative Tribunal (“CAT”) that ruled in favour of a State employee who was denied the benefit under Modified Assured Career Progression (“MACP”) on account of non-availability of his Annual Confidential Reports (“ACRs”)/ Annual Performance Appraisal Records (APARs).The division bench of Justice Vinit Kumar Mathur...

Delayed Compassionate Appointment Defeats Its Purpose; Relief Can't Be Granted After Lapse Of 15 Years From Date Of Death: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that compassionate appointment cannot be granted after a long lapse of time (15 years), as it is meant to provide immediate financial relief to the family of a deceased employee. Background Facts The mother of the appellant was employed as an Assistant Teacher...

Ex-Servicemen Need Not Prove Entitlement To Disability Pension, Benefit Of Doubt Must Favour Them More Liberally: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed the welfare-oriented approach governing disability pension claims, holding that a claimant is not required to prove entitlement, and that the benefit of every reasonable doubt must be given to the serviceman more liberally so in field or afloat service cases.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay...

Jail Superintendent Cannot Initiate Disciplinary Proceedings Against Medical Officer On Deputation From Health Department: Rajasthan HC

The Rajasthan High Court has held that the Superintendent, Central Jail, being a separate administrative department, had no authority or competence to initiate disciplinary proceedings against a Medical Officer deputed from the Medical and Health Department.The bench of Justice Farjand Ali made these observations while quashing the transfer orders of the petitioner that also included a...

Termination Without Compliance Of S. 25-F Amounts To Illegal Retrenchment; Enhanced Compensation Granted As Reinstatement Impossible Due To Superannuation: Orissa HC

A Division bench of the Orissa High Court comprising Justice K.R. Mohapatra and Justice Savitri Ratho held that termination without complying with the conditions under Section 25-F of the Industrial Disputes Act is an illegal retrenchment. Further illegally retrenched workman eligible for enhanced compensation as reinstatement was not possible due to superannuation. Background...

VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court

A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with...

UP Police Officer Can't Resign Without Mandatory 2-Month Notice Under Statutory Regulations: Allahabad High Court

The Allahabad High Court has held that where a Police Officer seeks resignation, they must provide the department with the mandatory two-month notice period mandated by Regulation 505 of the U.P. Police Regulations read with the Police Act, 1961. Justice Vikas Budhwar held that non-compliance with the aforementioned provisions would render the resignation defective.The petitioner was appointed...

Non-Supply Of Inquiry Officer's Report Before Imposing Penalty Vitiates Disciplinary Proceedings Unless Employer Shows Valid Justification: Delhi HC

A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that non-supply of the inquiry officer's report to the delinquent employee before imposition of penalty vitiates the disciplinary proceedings unless the employer provides valid justification for such omission. Background Facts The employee was a government servant...

Appearance Of Workman Through Advocate Amounts To Deemed Consent For Employer's Legal Representation: Jharkhand High Court

In Alembic Pharmaceuticals Limited v. Jay Prakash Singh, a single-judge bench of the Jharkhand High Court comprising Justice Deepak Roshan held that 'consent' under Section 36(4) of the Industrial Disputes Act (IDA) need not be explicit and that implicit consent of the other parties is sufficient.In this case, the Labour Court had ruled in favour of the respondent-workman and debarred...

Administrative Delay And Seniority: When Favouring A Junior Over Seniors Becomes Discriminatory: Delhi High Court

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that administrative delay in the employees' joining created a shortfall in their qualifying service for promotion. Hence the employees were eligible for promotion as the delay was attributable to the administrative process of UOI and not to any fault of...