Mere Registration Of Criminal Case Does Not Mechanically Disqualify A Candidate From Police Service: Allahabad High Court

The Allahabad High Court has held that a candidate cannot be mechanically disqualified from appointment to the police force merely because a criminal case was registered against him. It held that the Government Order dated 28.04.1958, which governs verification of the character and antecedents of State Government recruits, provides for an assessment of the candidate's suitability and does...

Tripura High Court Sets Aside Cancellation Of Graduate Teacher's Appointment After University Confirms Degrees As Genuine

The Tripura High Court has set aside the cancellation of a candidate's appointment as Graduate Teacher, holding that the State had no basis to cancel the appointment after the petitioner produced subsequent genuineness certificates issued by Madurai Kamaraj University, which remained unrebutted by the authorities. Justice Biswajit Palit remarked that: “there was no basis on the part of the Director of Secondary Education to cancel the Offer of appointment in favour of the petitioner by memo...

Civil Services | Disciplinary Proceedings Can't Continue After Retirement Without Governor Sanction Under Regulation 351-A: Allahabad High Court

The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to...

Charge-Sheet Witnesses Must Be Examined In Presence Of Delinquent Employee, Deviation Infringes Natural Justice: Allahabad High Court

The Allahabad High Court has held that Rule 7(vii) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 requires the Inquiry Officer to record the oral evidence of the witnesses named in the charge-sheet in the presence of the charged government servant, and any deviation infringes the principles of natural justice. It held that the opportunity to cross-examine must be given...

Bigamy Strictly Prohibited: Allahabad High Court Upholds CRPF Constable's Dismissal Under 'Minor Punishments' Provision

The Allahabad High Court has held that a member of the Central Reserve Police Force can be dismissed from service under Section 11 of the Central Reserve Police Force Act, 1949, which is headed 'Minor punishments'. It held that the punishments listed in clauses (a) to (e) of Section 11(1) are awardable in addition to, or in lieu of, suspension or dismissal, and are not the only punishments...

Regularisation Takes Effect From Date Of Appointment Under Rules, Not Initial Ad-Hoc Appointment: Allahabad High Court

The Allahabad High Court has held that an ad hoc employee regularised under the U.P. Regularization of Ad-Hoc Appointments (on Posts Outside the Purview of Public Service Commission) Rules, 1979 cannot claim that his regularisation be treated as effective from the date of his initial ad hoc appointment or from the date on which he became eligible for regularisation. It held that under the...

Contractual Workers Engaged Under A Scheme Have No Right To Continue After Its Closure: Allahabad High Court

The Allahabad High Court has held that a person engaged on contract under a government scheme cannot claim a writ of mandamus for continued engagement once the employer has abandoned the scheme. It held that in the absence of any rule, regulation or government order providing for regularisation or absorption, such an engagee has no legal right on which a mandamus can rest.The Court further...

Protection Against Termination Under Section 21 UP Secondary Education Act Not Available To Ad Hoc Teachers: Allahabad High Court

The Allahabad High Court has held that the protection of prior approval of the Board under Section 21 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 is not available to a teacher appointed on ad hoc basis. It held that the safeguard operates in favour of teachers regularly appointed on the recommendation of the Board, or at least regularised...

Service Rendered Before Regularisation Counts Towards Pension Eligibility, Not Towards Computation Of Pension: Allahabad High Court

The Allahabad High Court has held that the service rendered by a government servant before his regularisation, whether as a seasonal, ad-hoc, work-charged or temporary employee, must be counted while determining whether he has the qualifying service required to make him eligible for pension. It held that the pension itself can be computed only on the basis of the regular service rendered...

Co-Employee Cannot Challenge Colleague's ACR Grading Merely Because It Led To Supersession In Promotion: HP High Court

The Himachal Pradesh High Court has held that a co-employee has no locus standi to challenge the ACR grading of a colleague merely because the latter's higher grading has resulted in his or her supersession in promotion. The Court observed that where the colleague had been graded “Outstanding” by the competent authorities, a rival employee cannot seek interference with such ACRs in...

Public Holiday Preventing Joining On Due Date Can't Postpone Accrual Of First Increment: Allahabad High Court

The Allahabad High Court has held that where an appointment stood validly made and the appointee could take charge only on the next working day because the intervening day was a public holiday, the holiday cannot by itself postpone the accrual of a service benefit otherwise due to him.Paragraph 8(2) of the Government Order dated 22.12.2016, issued under the Seventh Pay Commission with effect...

Dependent Mother Cannot Be Denied Family Pension Merely Because She Has Other Surviving Children: Bombay High Court

The Bombay High Court's Circuit Bench at Kolhapur has held that a dependent mother of a deceased “single” government employee cannot be denied family pension solely on the ground that she has other surviving children, if those children are not in a position to provide her economic sustenance. The Division Bench of Justice Milind N. Jadhav and Justice Nandesh S. Deshpande allowed the...