Able-Bodied Person Cannot Avoid Maintenance By Pleading Unemployment: Uttarakhand High Court

The Uttarakhand High Court has held that a mere plea of unemployment cannot absolve an able-bodied and qualified individual of his obligation to maintain his minor children under Section 125 CrPC. The Court reiterated the principle that an able-bodied person is presumed to have the capacity to earn, and voluntary or unsubstantiated unemployment cannot be used to evade statutory...

Patna HC Quashes Criminal Proceedings Against Forest Officer, Says Public Servants Must Be Protected From Vexatious Prosecution

The Patna High Court has held that criminal proceedings initiated against a public servant without prior sanction under Section 197 CrPC are void ab initio, reiterating that such protection is essential to ensure fearless discharge of official duties. A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal miscellaneous petition under Section 482 CrPC seeking quashing of the...

Karnataka HC Dismisses Direct Recruit District Judges' Challenge To Seniority List; Directs State To Notify Cadre Strength Within One Month

The Karnataka High Court has directed the State Government to formally notify the cadre strength of judicial officers within a fixed timeline while also enunciating the legal framework governing the seniority and cadre strength of District Judges. The court has also asked the state to implement the 4-point roster to structure promotions of judicial officers.The Full Bench comprising Justice...

In Departmental Enquiry, Document Not Admitted By Employee Must Be Proved Through Witness : Supreme Court

The Supreme Court on Wednesday (April 1) has observed that when the employee doesn't admit the charges labelled against him, he cannot be dismissed from the services based on an employer's unproven documentary evidence. The Court emphasized that employers must prove such documentary evidence through witnesses, so that the employee could have an opportunity to cross-examine the witness.“Even...

'Blanket Approach Of Denying Public Employment To Persons Named In FIR Is Contrary To Fairness': Patna High Court

The Patna High Court has held that the sealed cover procedure cannot be invoked merely on the basis of pendency of an FIR, reiterating that denial of appointment on the basis of untested allegations violates settled constitutional principles under Articles 14 and 16.A Single Judge Bench of Justice Alok Kumar Sinha was hearing a writ petition filed by candidates who had applied pursuant...

Punjab & Haryana High Court Allows Sports Category Candidate To Appear In Exam During Pendency Of Dispute Over Sports Gradation Certificate

The Punjab and Haryana High Court has allowed a candidate to participate in a recruitment process during the pendency of a dispute regarding the submission of a Sports Gradation Certificate. Justice Namit Kumar was hearing a writ petition filed by a candidate who had applied under the Sports Person category in a recruitment process conducted by the Punjab Public Service Commission. The...

UP Govt Servant (Medical Attendance) Rules | Legal Heirs Can Claim Medical Expenses If Beneficiary Dies: Allahabad High Court

The Allahabad High Court has recently, read down Rule 16 of the Uttar Pradesh Government Servant (Medical Attendance) Rules, 2011 to include legal heirs of the beneficiary for raising claims for medical compensation in case the beneficiary is incapacitated from submitting the same. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“…applying the principles of 'reading...

Acquittal Of Employee In Criminal Case Does Not Automatically Entitle Him To Full Pay & Back Wages For Suspension Period: Bombay High Court

The Bombay High Court has held that the acquittal of an employee in a criminal case does not automatically entitle him to full pay and back wages for the period of suspension. The Court observed that entitlement to full salary depends on the facts and circumstances of each case and the discretion exercised by the competent authority under applicable service regulations.A division bench...

Guilt Can Be Established On Basis Of Preliminary Inquiry Statements Even If Key Witnesses Turn Hostile During Departmental Proceedings : Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that in departmental proceedings, the guilt of an employee can be established on the basis of circumstantial evidence and initial statements made during a preliminary inquiry, even if the key witnesses subsequently turn hostile during the departmental enquiry. Background Facts...

After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC

A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee...

[Disabilities Act] Disabled Employee Shifted To New Cadre Cannot Claim Seniority Based On Previous Service: Bombay High Court

The Bombay High Court has held that a disabled employee who is shifted to another post or cadre under Section 47 of the Disabilities Act cannot claim seniority in the new cadre based on past service in the previous post. The Court observed that while the statute protects continuity of pay and service benefits, it does not permit disturbance of the existing seniority of employees already...

Do The New Labour Codes Make Working Hours More Arduous?

India's labour law reforms have generated extensive debate, particularly on the issue of working hours. A recurring concern is whether the new Labour Codes make working conditions more demanding for employees. While public discourse often highlights the flexibility introduced by the Codes, a closer legal examination reveals a more nuanced shift—one that recalibrates both work-hour norms and wage obligations.Under the erstwhile Factories Act, 1948, working hours were governed by a structured...