Employee's History Of Misconduct Justifies Dismissal Despite Minor Final Charge: Punjab And Haryana High Court Upholds Termination

High Court of Haryana: Justice Jagmohan Bansal upheld the dismissal of a transport conductor, finding that the termination justified given the employee's extensive history of misconduct. The court held that while the final charge related to insubordination, the disciplinary authority could consider the employee's past record of 52 departmental proceedings, including multiple instances...

Repatriation Of Deputationist Must Be Based On Valid Reasons, Cannot Be Done As Punishment: MP HC

Madhya Pradesh High Court: Justice Sanjay Dwivedi quashed the repatriation order of a Water Resources Department engineer from his deputation at the Narmada Valley Development Department, holding that repatriation must be based on valid administrative reasons and not used as a punitive measure. The court found the replacement of the petitioner with an officer facing corruption...

Daily Wage Employment Through “Backdoor Entry” Creates No Right To Regularization Even After Decade Of Service: Patna High Court Dismisses LIC Workers' Plea While Clarifying Regularization Principles

Patna High Court: Justice Dr. Anshuman dismissed a writ petition seeking regularization of daily wage workers employed by the Life Insurance Corporation of India (LIC) on the ground of non-joinder of LIC as a party. The petition was filed by several daily wage workers claiming over ten years of service with the LIC. The court held that the petition was defective as LIC, a necessary...

Judicial Interference In Departmental Promotion Committee Decisions Restricted; MP HC Clarifies Standards

Madhya Pradesh High Court at Gwalior: Justice Anil Verma dismissed the writ petition filed by M.H. Qureshi, a Junior Engineer (Electrical Safety), challenging his denial of promotion to the position of Assistant Engineer (Electrical Safety). The Court upheld the Departmental Promotion Committee's (DPC) decision, citing the petitioner's failure to meet the required benchmarks, and emphasized...

Imposition Of Bond For Medical Officers Who Took Study Leave Is Justified, But Prohibition On Legal Recourse Is Not; Chhattisgarh HC

Chhattisgarh High Court: The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru upheld the conditions imposed on an Ayurvedic Medical Officer's study leave, including the denial of advance increments and the requirement to serve a bond. The Court held that the conditions were legally justified and consistent with government policy. However, it quashed a...

MP Civil Services (Pension) Rules | Departmental Enquiry May Continue After Retirement But Punishment Order Can Be Passed Only By Governor: High Court

Madhya Pradesh High Court at its Gwalior, quashed an order imposing penalty on a retired Forest Ranger Harivallabh Chaturvedi. The court held proper procedures under the Madhya Pradesh Civil Services (Pension) Rules, 1976 were not followed. The court stated that after a government servant retires, only the Governor can issue such punitive orders based on departmental inquiries.The Court,...

Disciplinary Action Without Due Enquiry Is Illegal; Meghalaya High Court

Meghalaya High Court: Justice W. Diengdoh ruled that the termination of Shri Senora Johny Arengh from the Garo Hills Autonomous District Council (GHADC) without following proper disciplinary procedures was illegal. The court found that the termination violated principles of natural justice, particularly the failure to conduct an inquiry before dismissing the petitioner. The GHADC...

One Year's Service Completion Sufficient For Pension Benefits, Orders Arrears With Interest: Madhya Pradesh HC

Madhya Pradesh High Court: A bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain, addressed a series of writ petitions concerning retired employees who sought the grant of annual increments before superannuation. The Court ruled in favor of the petitioners, directing the State to provide annual increments due to employees retiring either on 30th June or 31st December...

Delhi High Court Allows Review Petition, Recalls Direction To Respondents To Appoint Petitioner Due To Low Merit

A division bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur has allowed a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate(writ petitioner). Review was sought on the ground that the candidate had not made his place in the merit list, however, the Single Judge had directed...

Chhattisgarh High Court Reiterates That Dismissal Could Be Considered Excessive If Absence Was Due To Personal Hardship And Employee Had Long Record Of Service; Orders Reinstatement Of Police Constable

Chhattisgarh High Court: Justice Sachin Singh Rajput set aside the dismissal of Kudiam Bhima, a constable in the Chhattisgarh police force, and ordered his reinstatement with continuity of service. The court found that the disciplinary inquiry failed to establish that Bhima's unauthorized absence was willful or deliberate, his submissions were improperly disregarded by the inquiry...

Kerala High Court Upholds Denial Of Temporary Status And Regularisation For Contingent Employees

Recently, a Division Bench of Kerala High Court, comprising of Justice Anil K. Narendran and Justice P.G. Ajithkumar, considered a petition against the order passed by the Central Administrative Tribunal. The judgement pertained to status and regularisation of employment. Background Facts The petitioner, Kumar S, filed the Original Application (“O.A”) before the...

Poisoning Does Not Qualify For Extraordinary Pension; Allahabad High Court Rejects Appeal In Sub-Inspector's Death By Poisoning Case

Allahabad High Court: A Division Bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh dismissed the appeal of Smt. Poonam Tyagi, holding that her husband's death from poisoning did not qualify for extraordinary pension under the Uttar Pradesh Police (Extraordinary Pension) Rules, 1961. The court ruled that the cause of death was unrelated to the performance of any hazardous or...