Chargesheet Without Prior Approval Of Disciplinary Authority Is Void Ab Initio; Can't Be Ratified Later: Delhi HC

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that a chargesheet issued without the prior approval of the competent disciplinary authority under Rule 14(3) of the CCS (CCA) Rules, 1965 is void ab initio, non-existent in law. Further it cannot be validated by subsequent ratification. Background Facts A chargesheet was issued...

Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was arbitrary and disproportionate, particularly when his absence was due to medical reasons and he had served the force with an unblemished record for over 18 years.Justice Sandeep Sharma remarked that: “The petitioner had rendered over 18 years of unblemished...

No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...

Removal From Service For Procedural Lapses, Disinterest & Harassment of Subordinates, Disproportionate To Misconduct: Jharkhand HC

A Division bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai held that the capital punishment of removal from service is disproportionate to charges relating to procedural lapses, casualness in duty, lack of interest in work and harassment of subordinates. Background Facts The respondent joined the Bihar Education Service...

Probation Completion Doesn't Entitle Automatic Confirmation; Work & Conduct Report Can Decide Suitability If ACR Not Available: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that confirmation and promotion cannot be claimed retrospectively and deferment based on adverse Work and Conduct Report does not amount to discrimination. Background Facts The High Court of Chhattisgarh published an advertisement to fill the post of...

Promotion Takes Effect Only From Actual Promotion Date Or DPC Approval, Not Retrospectively From Date Of Current Duty Charge: Patna HC

A Division bench of the Patna High Court comprising Justice Sudhir Singh and Justice Rajesh Kumar Verma held that promotion takes effect only from actual promotion date or DPC approval and not retrospectively from date of current duty charge. Background Facts The respondent was appointed as an Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990. He...

Payment Of Wages Act Operates Independently Of Limitation Act, Mandatory Preconditions For Appeals Must Be Fulfilled: J&K&L High Court

Reinforcing the autonomy of special legislations, the High Court of Jammu & Kashmir and Ladakh at Jammu, has ruled that the Limitation Act is not applicable to proceedings under the Payment of Wages Act, as the latter is a self-contained legislation that not only lays down the manner and mode of appeal but also the conditions precedent for its maintainability.“Section 17 of the Payment...

Departmental Proceedings Against Retired Employees Can't Be Initiated For Incidents Occurring More Than Four Years Before Issuance Of Charge Memo: Madras HC

A Division bench of the Madras High Court comprising Chief Justice Manindra Mohan Shrivastava and Justice R. Poornima held that the departmental proceedings against a retired government servant cannot be instituted for an event that took place more than four years prior to the issuance of the charge memo. Background Facts The petitioner was a judicial employee. He purchased two...

Tests To Determine Employer-Employee Relationship In Cases Under Industrial Disputes Act, Factories Act Etc : Supreme Court Explains

In a significant judgment clarifying the principles governing the determination of employer–employee relationships, the Supreme Court discussed the tests to be applied while adjudicating disputes under legislations such as the Industrial Disputes Act, 1947 and the Factories Act, 1948.A Bench of Justice JB Pardiwala and Justice Sandeep Mehta discussed the tests to determine...

Old Pension Scheme As Per Job Advt Can't Be Denied Because Employees Joined After Cut Off Date; Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that appointees selected pursuant to advertisements issued prior to 01.01.2004 are entitled to the benefits of the Old Pension Scheme, even if their actual appointment or joining occurred after the introduction of the New Pension Scheme. Background Facts...

Chain Pulling By Railway Employee To Help Boarding: Doesn't Constitute Misconduct To Reduce Pay : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that mere chain pulling by a Railway employee without allegation or proof of absence of reasonable and sufficient cause does not constitute misconduct under Railway service rules. Background Facts The petitioner was employed as a Head Ticket Examiner with the...

Classification Between Allopathic & Ayurvedic Doctors Performing Same Function Unreasonable: Rajasthan HC

A Division Bench of the Rajasthan High Court comprising Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit held that classification between Allopathic and Ayurvedic doctors performing the same functions is unreasonable and that Ayurvedic doctors are entitled to the same enhanced retirement age of 62 years along with all consequential benefits. Background Facts The...