Contracting Second Marriage During Subsistence Of First Constitutes Grave Misconduct Justifying Compulsory Retirement: Andhra Pradesh High Court

A Division Bench of the Andhra Pradesh High Court comprising Justice Battu Devanand and Justice A. Hari Haranadha Sarma held that contracting a second marriage during the subsistence of the first marriage constitutes grave misconduct under Rule 21 of the CCS (Conduct) Rules and Rule 18(b) of the CISF Rules, justifying penalties such as compulsory retirement for members of...

After 30-Year Legal Battle, Patna High Court Awards Full Back Wages To Illegally Terminated Govt Employee

The Patna High Court has ruled in favor of a government employee who was terminated in 1995, directing the state to pay full back wages upon his reinstatement. The Court categorically held that the principle of 'no work no pay' does not apply when the termination itself was illegal. This decision brings closure to the petitioner's nearly three-decade-long legal struggle for rightful dues...

Centre Brings Four Labour Codes Into Operation With Effect From November 21

The Government of India has announced that the four Labour Codes - the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020- are being made effective from 21st November 2025. Official gazette notifications were issued by the Ministry of Labour and Employment to this effect.The...

Suspension Of State Tax Officer For Delayed Report Unjustified When Authority Failed To Act In GST Fraud Case: Allahabad High Court

The Allahabad High Court has held that where loss is caused to the State, a State Tax Officer may not be suspended for mere delay in submitting a report. Justice Vikas Budhwar held that this would be especially impermissible in a case where the authority to act on the report in time chooses not to do so.He held that, despite the fact that the petitioner submitted the report with delay,...

Allahabad High Court 'Shocked' As Cancer-Stricken Teacher's Transfer Plea Rejected Despite 'Sympathetic' Consideration Order

The Allahabad High Court on Monday expressed its strong displeasure over the conduct of the Secretary, UP Basic Education Board, Prayagraj, for rejecting the transfer representation of an Assistant Teacher suffering from breast cancer, despite a specific prior direction by the Court to consider her case 'sympathetically'. The court directed the Secretary to file his personal affidavit...

Maharashtra Police Academy Falls Within Purview Of 'Industry' U/S 2(j) Industrial Disputes Act: Bombay High Court

The Bombay High Court held that the Maharashtra Police Academy (MPA) is an “industry” within the meaning of Section 2(j) of the Industrial Disputes Act, 1947, and upheld the direction of the Industrial Court granting reinstatement with continuity of service to the respondent, who had worked as a Computer Operator on daily wages. The Court observed that the functions performed by the...

'Pharmacist's Duties Require Standing, Walking': HP High Court Dismisses Plea By 50% Locomotor-Disabled Applicant

The Himachal Pradesh High Court dismissed a petition filed by a 50% locomotor-disabled candidate challenging the selection of another candidate for the post of Pharmacist.Upholding the State's decision, the Court remarked that the candidate was medically unfit for the duties of a pharmacist due to impaired standing and walking, despite having the required disability certificate.Justice...

Past Censure Cannot Bar Employee's Consideration For Promotion: Rajasthan High Court

The Rajasthan High Court has held that irrespective of the penalty being imposed on an employee, the Departmental Promotion Committee (DPC) can adjudge the suitability of an employee for promotion, and the consideration itself could not be denied merely on the ground of imposed penalty.The bench of Justice Farjand Ali was hearing a petition challenging the petitioner's (Lecturer) denial...

Constituent Institution Employees Cannot Claim Central University Benefits: Allahabad High Court

Recently, the Allahabad High Court has held that in the absence of specific policy, staff of constituent institutions cannot claim the same benefits as those awarded to Central University Employees.“... only on ground that institution become constituent of Allahabad University, petitioners cannot be granted benefit of General Provident Fund Scheme since it has to be granted only on basis...

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...