Continuity Of Service For Pension Benefits Preserved When Technical Resignation Is Followed By Immediate Rejoining Without Break: Orissa HC

A Division Bench of the Orissa High Court comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra held that continuity of service for pension benefits is preserved under CCS (Pension) Rules when an employee submits a technical resignation and immediately rejoins the same post under the same employer without interruption. Background Facts The employee was appointed as...

Ex-Contract Workers Must Get Preference When Principal Employer Replaces Contract Labourers With Regular Workmen : Supreme Court

The Supreme Court held that when an employer intends to employ regular workers in place of contract labour, then the employer must give first preference to the erstwhile contract workers. A bench of Justices Pankaj Mithal and SVN Bhatti outlined the modes and methods of re-employment if discontinuation of the labour contract is valid: "a. If the principal employer intends to employ...

Prior Written Demand Not Necessary For 'Industrial Dispute' To Exist; Apprehended Dispute Can Be Referred : Supreme Court

The Supreme Court on Tuesday (January 27) observed that a trade union is not obliged to serve a formal “charter of demands” on the management before approaching the Conciliation Officer under the Industrial Disputes Act, 1947. The Court observed that the Industrial Disputes Act is both preventive and remedial in character, and therefore a trade union or a worker is entitled to invoke...

'Executive Officer' Deciding Mutation Proceedings Is A 'Judge' For Purposes Of Judges (Protection) Act, 1985: Patna High Court

The Patna High Court has held that an Executive Officer in the Patna Municipal Corporation would be covered under the ambit of the Judges (Protection) Act, 1985, while deciding mutation proceedings. The Court clarified that any person who is legally empowered, in the course of legal proceedings, to render a definitive and determinative judgment would be regarded as a 'Judge' for the purposes...

Double Jeopardy Bars Enhanced Departmental Penalty After Conviction In Criminal Appeal: Delhi High Court

A Division Bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that once a disciplinary authority has imposed a penalty based on a conviction, it cannot reopen the same incident to impose a harsher punishment merely because the criminal appeal results in a reduced sentence, as this violates the principle against double jeopardy. Background...

WB DGP Appointment | CAT Directs State Govt To Resubmit Proposal; Orders UPSC To Convene Empanelment Meeting By Jan 28

The Central Administrative Tribunal (CAT), Principal Bench, has directed the Union Public Service Commission (UPSC) to immediately constitute an Empanelment Committee for the appointment of the West Bengal Director General of Police (DGP).It may be noted that West Bengal has not had a full-time DGP since December 2023. Acting DGP Rajeev Kumar is due to retire on 31 January. It also directed...

Unproved Witness Statement To Police Can't Be Used In Disciplinary Proceedings: Rajasthan High Court Quashes Govt Officer's Pension Forfeiture

The Rajasthan High Court has set aside the disciplinary action against a government officer stopping his 100% pension for life, which was solely based on statements of a person given to the police under Section 161 CrPC who was neither examined during the departmental enquiry nor before court. The bench of Justice Ashok Kumar Jain observed that a statement given under Section 161 CrPC, held...

Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court

Observing that release on probation does not wipe out the stigma of conviction, the Supreme Court set aside the Madras High Court's decision that reduced a workman's punishment merely because he was granted the benefit of probation in criminal proceedings. “…the High Court has fell into error by observing that the conviction of the workman herein shall not be a disqualification and...

Families Of Disabled Combat Personnel Deserve Liberal Approach In Compassionate Appointment Claims: Orissa High Court

“People sleep peaceably in their beds at night only because rough men stand ready to suffer violence on their behalf,” the Orissa High Court quoted George Orwell as it upheld the direction of a Single Bench, which ordered compassionate appointment as Head Constable in favour of the wife of a former Central Reserve Police Force (CRPF) jawan who sustained grave injuries and disability in a...

Bombay High Court Rejects Plea To Restrain PSBs From Disqualifying Candidates On Past Misconduct, Upholds Autonomy In Recruitment Policy

The Bombay High Court (Aurangabad Bench) has held that Public Sector Banks (PSBs) are autonomous entities entitled to prescribe their own eligibility and disqualification criteria and the mere absence of a uniform instruction from the Government of India does not render such conditions arbitrary.The Court observed that it cannot interfere with the recruitment choices of the Banks unless...

Railway Employee With Valid Privilege Pass Is 'Bonafide Passenger' Despite Missing Journey Entries: Bombay High Court

The Bombay High Court has held that mere non-endorsement of travel particulars on a valid privilege pass held by a railway employee does not, by itself, disentitle the employee from being treated as a bona fide passenger under Section 124A of the Railways Act, 1989. The Court observed that where the pass was valid on the date of travel and there was no evidence of misuse or excess travel...

Rajasthan High Court Dismisses Stale Pension Claim, Raps State For Losing Service Records

The Rajasthan High Court has held that even though loss or misplacement of service records by the State is a serious administrative failure, the same cannot by itself create a substantive right for an employee to get pension. At the same time, the bench of Justice Anand Sharma expressed strong disapproval of the State's plea in the matter that the service records of the petitioner were lost....