Appointing Authority Has Discretion To Appoint/ Reject Persons Involved In Moral Turpitude Offences, Even If They Are Acquitted: MP High Court

The Madhya Pradesh High Court has said that the appointing authority has the "entire discretion" to appoint or not appoint a person who is involved in an offence concerning moral turpitude even if that person is acquitted. The high court said that the acquittal would not automatically entitle such a person for employment. The court said that in the case before it, the concerned authority...

'Heart Of Cardio Institute Itself Not In Right Place': Karnataka HC While Regularising Service Of Nurses Engaged On Contract Since 20 Yrs

The Karnataka High Court has come to the aid of Ten Staff Nurses (Stipendiary) working on contractual basis for over 20 years in Sri Jayadeva Institute of Cardiovascular Sciences and Research, by directing that their services be regularised from the date they completed 10 years of service.A single judge bench of Justice N S Sanjay Gowda allowed the petitions filed by B J Rani and others and...

Revised Promotion Ratio Can't Be Applied Retroactively As Reversal Of Benefits Received By Promoted Officers Causes Administrative Disruption: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia held that the revised promotion ratio can't be applied retroactively but prospectively as reversal of benefits received by already promoted officers would cause administrative disruptions. Background Facts The employees were previously appointed as Inspectors. They...

Tattoo Scar Should Not Be The Basis For Disqualification, Opportunity Must Be Given To The Candidate To Remove It, Delhi High Court Reiterates

A Division Bench of Delhi High Court comprising of Justices Suresh Kumar Kait and Justice Girish Kathpalia reiterated that any person with a tattoo should be given an opportunity to have the tattoo removed in a time bound manner and a scar from the tattoo should not be a reason to disqualify such candidate. BACKGROUND The Respondent appeared in the examination for the post of...

Pension Or Retiral Benefits Of Govt Employee Can Only Be Withheld When Cognizance Is Taken On Police Report Before Retirement: MP High Court

In a recent judgement, the High Court of Madhya Pradesh held merely on the basis of a complaint or report against the government servant before the date of retirement, he cannot be deprived of his right to a pension or other retiral dues. There must be cognizance of the complaint or report of a police officer on the date of retirement.The Counsel for the petitioner argued that withholding...

Pendency Of Complaint Against Transfer Does Not Justify Govt Employee's Failure To Join Place Of Posting, Absence From Duty: MP High Court

In a recent judgement, the Madhya Pradesh High Court set aside a decision of a single judge bench that had validated the absence of a government employee from duty while a complaint against his transfer was pending before the authority.The division bench of the Madhya Pradesh High Court held that remaining absent from duty citing a pending complaint as a reason for the absence, is not...

Contractual Service To Be Counted For Seniority And Annual Increments: Himachal Pradesh Court

On 27th September, Justice Bipin Chander Negi considered a case where petitioners approached the Himachal Pradesh High Court a case seeking counting of their contract service for the purpose of annual increment, seniority and consequential benefits from the date of their initial appointment(s). Background facts The petitioners here were appointed as Junior Office Assistant (IT)...

After Completing 15 Yrs Service, Employee Can't Be Held Liable For Procedural Lapses In Appointment On Part Of Nagar Nigam: Allahabad HC

The Allahabad High Court has held that the part-time teachers who possess requisite qualifications cannot be denied benefit of the services after 15-16 years of service because of procedural lapses on part of the Nagar Nigam in following in appointment of such-teachers.“Once the candidates had requisite qualification and were selected by the duly constituted Selection Committee,...

Disciplinary Authority "Coerced" By Chief Vigilance Officer: Rajasthan High Court While Reversing SBI Branch Manager's Removal From Service

While quashing an order of the SBI's disciplinary authority removing a branch manager for alleged misconduct, the Rajasthan High Court observed that the authority altered its punishment from "lowering of scale" to "removal of service" on the advice and "coercion" by the concerned Chief Vigilance Officer (CVO). The court further observed that the disciplinary authority had "kneeled down"...

Objections Regarding Employee's Appointment Can't Be Raised Post-Retirement, If Not Raised During Service: Jharkhand High Court

A single judge bench of the Jharkhand High Court comprising of Justice Deepak Roshan, while deciding a writ petition, held that objections regarding an employee's appointment cannot be raised post-retirement if no such objections were made during the employee's service period.Background Facts The employee was appointed as a typist by the Governing Body of S.P. College, Dumka, on August 1,...

Harsher Punishment Of Dismissal, Compared To Lighter Punishment For Co-Delinquent In Same Incident, Unsustainable: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia, while deciding a Letters Patent Appeal held that the harsher punishment of dismissal from service as compared to lighter punishment of compulsory retirement for a co-delinquent in same incident is unsustainable.Background Facts The employee in this case joined the appellant bank...

Delhi High Court Confirms Employee's Discharge For Failing To Withdraw Within Time His Voluntary Unwillingness To Serve

A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that employee's discharge from service was legal as he failed to withdraw within time period his voluntary unwillingness to serve.Background Facts The employee joined the Indian Navy as a Direct Entry Diploma Holder (DEDH) on August 6, 2006, for a...