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...

Criminal Conviction Necessary For Forfeiture Of Employee's Gratuity: Delhi High Court

Recently, a Division Bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia considered an appeal pertaining to the issue of alleged "moral turpitude" of an employee of Punjab National Bank (“Bank‟) under the Payment of Gratuity Act, 1972, and also, whether the Bank was justified in forfeiting the gratuity without a criminal conviction. The Division Bench upheld...

ISRO Administrative Officer Post, Selection Not Arbitrary, Candidates Participated Without Any Challenge To Process, Can't Question Later; Delhi High Court Reiterates

The Delhi High Court has dismissed a Petition filed against the order passed by the Central Administrative Tribunal (CAT). The petitioner had challenged the results finalized by the ISRO against the post of Administrative OfficerA division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that candidates can't challenge the recruitment process or results if they did not raise...

Writ Petition Not Maintainable Against Labour Court Order Under Workmen's Compensation Act: Jharkhand High Court

The Jharkhand High Court has ruled that a writ petition filed against an order passed by the Labour Court under the Workmen's Compensation Act is not maintainable.The above ruling came in a writ petition which was filed challenging a 2017 judgement passed by the Presiding Officer, Labour Court, Deoghar in a Workmen Compensation case. The Labour Court had directed the petitioner, Sanjay Karpri,...

Mere Grant Of Prosecution Sanction Against Central Govt Employee Not Reason To Put DPC Recommendations In Sealed Cover : Supreme Court

The Supreme Court has held that the mere grant of prosecution sanction against a Central Government employee is not a reason to put the recommendations of the Departmental Promotion Committee (DPC) in a sealed cover.The Court stated that by the mere grant of prosecution sanction, it cannot be said that the prosecution for a criminal charge so as to adopt the sealed cover procedure regarding...