Against Wrongful Dismissal, Lumpsum Compensation Could Be Better Remedy Than Reinstatement With Backwages In Certain Cases : Supreme Court

The Supreme Court observed that a grant of lumpsum compensation could be the more appropriate remedy in cases of wrongful dismissal of an employee instead of reinstatement with back wages in certain cases. While directing such compensation, the courts are required to justify their approach, keeping in mind the interests of the employee and the employer. Placing reliance on several...

Availing Employee's Services Without Pay Violates Fundamental Right Against 'Begar': Rajasthan HC Slams State Over Unpaid Dues Since 2016

Rajasthan High Court has ruled that depriving any employee of their salary without any justification amounted to violation under Articles 21, 23 and 300-A of the Constitution of India. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a public employee who was not paid his salary since 2016, for almost 97 months now without any justification, despite providing...

Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order

The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.The court...

Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court

The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It was held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said...

Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court

The Punjab & Haryana High Court bench comprising of Justice Aman Chaudhary held that employees who acquire disability during service are entitled to continued salary, benefits, and a supernumerary post along with interest on withheld dues. Background Facts The petitioner joined as E.T.T. Teacher at Govt. Primary School Sodhi Nagar, Ferozepur on 11.09.2016. Her presence was...

'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services (Pension) Rules, 1976A...

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...

Provident Fund's “Reserve & Surplus” Amount Transferred To Statutory Fund, Employees Can't Claim It Separately From Provident Fund Dues : Calcutta HC

The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that once a provident fund trust is dissolved and its funds are transferred to the statutory Provident Fund, employees cannot claim a separate share from the “Reserve & Surplus” fund after receiving their full dues. Background Facts The petitioners were the employees of Hindustan...

Mere "Benefit Of Doubt" Acquittal Can't Be Used As Ruse To Deprive Employee Of Legitimate Financial Entitlements: Rajasthan HC

Rajasthan High Court granted relief to the petitioner (Junior Engineer) who was under suspension between 2002 to 2009 due to a criminal case in which he eventually got acquitted, and his service were also restored but was denied the payment of arrears on the ground that his acquittal was merely based on benefit of doubt.The bench of Justice Arun Monga termed this stance taken by the State...