'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh set aside an order of dismissal observing that as long as the certificates in dispute were not cancelled, the Authorities could not initiate Disciplinary Proceedings or impose penalty in the form of a dismissal order.BackgroundThe Appellant was appointed as an Assistant Engineer on 23.06.1987 in...

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits

A Single Judge Bench of Orissa High Court comprising Justice Dr. S.K. Panigrahi dismissed a Petition seeking pensionary benefits. The Court held that in absence of Rules specifying the grant of such rights, the Petitioner would not be entitled to any benefits.BackgroundThe Petitioner was appointed to the position of State Information Commissioner in Odisha. As per the recommendations of...

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions. Background Facts The petitioner hails from Banka, Bihar, is the spouse of Late Guddu Kumar who...

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive.The bench of Justice Vinit...

No Disciplinary Proceedings Can Be Initiated After Employee Retires Or After Extended Period Of Service : Supreme Court

The Supreme Court invalidated the disciplinary proceedings initiated against a bank employee after the completion of his extended period of service. The disciplinary proceeding initiated after the superannuation or after the extended period of service cannot be sustained, the Court observed. “As has been held by this Court on more than one occasion, a subsisting disciplinary proceeding...

When Absent Employee Doesn't Inform Whereabouts, Employer Can Treat It As Abandonment Of Service & Take Action : Supreme Court

In a recent case, the Supreme Court justified the termination of the service of an LIC employee who failed to communicate the whereabouts of his absence from duty under the LIC Staff Regulation, 1960. The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti allowed the LIC's appeal against the High Court's decision directing reinstatement of the respondent employee who...

Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court

Observing that the factual findings of a Labour Court should not be normally disturbed by a Writ Court without a compelling reason, the Supreme Court ordered the reinstatement of an employee who had been terminated due to conflicts arising from his estranged marital relationship. The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti allowed the appeal of the employee.In...

Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC

While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited (TRANSCO) deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. A division bench of Justice Sujoy Paul and Justice...

Dismissal from Service Automatically Forfeits Leave Benefits; No Express Denial Required: Gauhati HC

Gauhati High Court: A Division Bench of Chief Justice Justice & Justice N. Unni Krishnan Nair of the Gauhati High Court overturned the Central Administrative Tribunal's order directing Railways to release leave encashment benefits to a dismissed employee. The Court held that dismissal from service automatically results in forfeiture of past service under Rule 40 of Railway...

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it.The bench of Justice Farjand Ali was hearing a writ petition filed by a retired Additional Superintendent of Police (ASP), seeking a direction to the State Government for considering...

Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea

Rejecting a plea moved by Medical Officers (Dental) engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. In doing so the court observed that the officers engagement was carried out only on an urgent temporary...

Missing Records Don't Invalidate Previously Verified Caste Certificate; Dismissal For Not Providing Digital Certificate Arbitrary: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Vijay Kumar Shukla quashed Life Insurance Corporation's (LIC) dismissal order of a Development Officer for failing to submit a fresh digital caste certificate. The Court held that the mere unavailability of old records cannot invalidate a certificate that was already verified at the time of his appointment. The Court emphasized...