Labour & Service
'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court
The Patna High Court has held that failure to supply documents relied upon in a departmental enquiry vitiates the entire proceeding, as it deprives the delinquent employee of a meaningful opportunity to defend himself, in violation of principles of natural justice.A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra was hearing an intra-court appeal challenging the...
Non-Issuance Of Integrity Certificate Doesn't Vitiate IPS Promotion Process, Grading On Comparative Merit Allowed: Telangana High Court
The Telangana High Court has held that non-issuance of an integrity certificate, though a procedural lapse, does not by itself vitiate an IPS promotion process under the Indian Police Service (Appointment by Promotion) Regulations. In doing so the court noted that the petitioner a State Police Service officer who had applied for promotion to the IPS, was independently assessed by the...
Uncommunicated 'Average' ACR Cannot Deny Promotion: Himachal Pradesh High Court Orders Elevation With Consequential Benefits
The Himachal Pradesh High Court held that denial of promotion on the basis of uncommunicated Annual Confidential Reports (ACRs) is arbitrary and violative of Article 14. Observing that even a single downgraded ACR, if not communicated, can adversely affect an employee's chances of promotion, the Court set aside the impugned order and directed that the petitioner be promoted to the post...
Fixed Term Employment: Contractualisation As A Tool For Fragmentation Of Labour Rights In India
The Regression From Status To ContractAs the Supreme Court's April 2026 ruling in Madan Singh v. State of Haryana effectively barricades the backdoor to permanency by denying regularisation to ad hoc employees hired without formal recruitment, the promise of security has transitioned from a legitimate expectation to legal mirage. As the Apex Court noted in D.N. Banerji v. P.R. Mukherjee, industrial disputes must be viewed through the standpoint of “status” and social justice rather than a mere...
Rejection Of Bid Despite Relevant Documents Arbitrary, Discriminatory: Allahabad High Court Stays Tender Process
Observing that the bid of the petitioner had been rejected despite providing relevant documents, the Allahabad High Court held that the decision-making process of the tendering authority was discriminatory. Thus, the Court stayed the entire tendering process and forbade the respondents from entering into any contract pursuant to the tender.Noting that the Court does not usually interfere...
Difference Between Permanent Disability & General Physical Debility Can't Be Blurred To Deny Jobs To Coal Workers Kin: Telangana High Court
The Telangana High Court has held that specific, measurable and permanent disabilities arising from injury or disease cannot be pushed into the residual category of “general physical debility” (a state of weakness or infirmity) under Clause 9.4.0 of the National Coal Wage Agreement (NCWA)-VI.In doing so the court granted relief to five medically invalidated Singareni workers and held...
Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court
The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his...
Appellate Authority Can't Enhance Punishment In Employee's Own Appeal Without Following Due Procedure: Rajasthan High Court
The Rajasthan High Court has held that an appellate authority under the disciplinary rules of an organisation cannot enhance the punishment in an appeal filed by the delinquent in his/her own interest. The bench of Justice Munnuri Laxman was hearing a petition challenging the order of the disciplinary authority as well as that of the appellate authority that enhanced the punishment of...
No Bar On Appointment Of Teachers In UP Basic Education Institution For Involvement In Journalism: Allahabad High Court
The Allahabad High Court has reiterated that there is no bar on appointment of teachers in U.P. Basic Education institutions if they are involved in journalism Justice Irshad Ali relied on Tufail Ahmad Vs. State of U.P. and others, where the Allahabad High Court had held that the U.P. Government Servant's Conduct Rules, 1956 was not applicable to teachers of U.P. Basic Education. It was held...
Govt Policy Granting Promotion To Remove Stagnation Must Be Applied Uniformly: Allahabad High Court
While dealing with a case of Telephone Operators working in Board of Revenue being promoted to the post of Lower Division Assistant in Civil Secretariat, the Allahabad High Court has held that government policy granting promotion to remove stagnation must be applied uniformly. The U.P. Board of Revenue Ministerial Service Rules, 1983 govern service conditions of the employees working in...
Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court
The Patna High Court has held that selection or engagement to the post of Anganwadi Sevika under the Integrated Child Development Services (ICDS) scheme does not confer any enforceable statutory right, and disputes relating to such selection ordinarily do not warrant interference in writ jurisdiction.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an...
