Dismissal Vitiated Where Employer Fails To Supply Documents Or Produce Original Inquiry Record Despite Court's Direction: Allahabad High Court

The Allahabad High Court has held that disciplinary proceedings are vitiated where the employer does not supply the delinquent employee copies of the documents used against him and, despite a direction of the Court, fails to produce the original inquiry record on the plea that it has been misplaced. It held that the employer must establish from the inquiry record that a fair opportunity...

Approval Order Missing From Department Records Doesn't Prove Appointment Was Procured By Fraud: Allahabad High Court

The Allahabad High Court has held that the inability of a department to trace an approval order in its own records does not establish that the approval was never granted, much less that the employee fabricated it. It held that where the State seeks to brand an appointment fraudulent, it must identify the false representation or the fabricated document, fix responsibility for it and establish...

Food Safety Act | Junior Analyst (Food) Is Distinct Post From Food Analyst; State Can Prescribe Its Qualifications: Allahabad High Court

The Allahabad High Court has held that the post of Junior Analyst (Food) in the State service cadre is distinct from the post of Food Analyst under Section 45 of the Food Safety and Standards Act, 2006. It held that the State Government is competent to prescribe the academic qualification for it. Holding that no question of repugnancy arose, the Court upheld Rule 8(2) of the Uttar Pradesh...

Removal Of Court Employee For Off-Duty Incident After Two Decades Of Service 'Shockingly Disproportionate': Allahabad High Court

The Allahabad High Court has held that the removal of a court employee over a single incident outside working hours, after more than two decades of service and in the absence of any earlier adverse record, was shockingly disproportionate. The Court set aside the penalty while leaving the findings of misconduct undisturbed.It also held that Rule 7(4) of the Uttar Pradesh Subordinate Courts...

Doctor Must Correct Educational Records Before Applying For Medical Officer Post Under Changed Name: Rajasthan High Court

The Rajasthan High Court has held that a doctor seeking to participate in the Medical Officer Direct Recruitment Examination, 2026, under his changed name must first get his name corrected in his educational documents.The bench of Justice Anoop Kumar Dhand observed that the relief sought by the petitioner could not be granted until his name was corrected in his school and college records....

Contractual Women Employees Can't Be Denied Maternity Leave Merely Due To Nature Of Employment: Rajasthan High Court

The Rajasthan High Court has held that nature of employment, whether regular, casual or contractual, cannot by itself be treated as a conclusive ground for denying maternity benefits to a woman employee, where other applicable statutory conditions are fulfilled. In this regard, any contractual condition, contrary to the Maternity Benefits Act, 1961 (the “Act”) shall be overridden by the...

'Documentary Evidence Cannot Prove Itself Without Oral Testimony': Patna High Court

The Patna HC has quashed the dismissal of a Punjab National Bank employee who was terminated for alleged impersonation in a recruitment examination, holding that the principal evidence relied upon to establish the charge was never properly proved during the departmental inquiry.A Single Judge Bench of Justice Kumar Manish was hearing the employee's challenge to the dismissal order...

Flood Of Pleas By Employees Challenging Their Transfers Has Paralysed Govt Functioning: Rajasthan High Court

While hearing a bunch of petitions by government employees, challenging their transfer orders, Rajasthan High Court observed that the government functioning was paralysed since most of the employees were not willing to join the transferred place of posting. The bench of Justice Anoop Kumar Dhand further opined that maximum number of employees were approaching the Court for getting the...

Spouse Posting Policy No Absolute Right To Transfer; Can't Assume Family Duties Rest With One Spouse: Rajasthan High Court

While refusing interference in a bunch of petitions by government employees seeking transfers at places where their spouses were posted, Rajasthan High Court held that a general policy and vacancy at the preferred station, in isolation, does not establish an enforceable right to transfer in favour of the employee. “The nature of the post, the applicable cadre and service rules,...

Indemnity Bond Taken At Retirement Won't Let State Recover Wrongly Fixed Pay, Undertaking Must Be At Time Of Pay Fixation: Allahabad High Court

The Allahabad High Court has held that an undertaking or indemnity bond taken from a government servant at the time of his retirement does not entitle the State to recover salary paid in excess due to wrong fixation of his pay scale. The undertaking which permits such recovery is the one furnished at the time of the pay fixation later said to be wrong.Referring to the decision of the Apex...

Universities Cannot Reject Associate Professor Aspirants Solely Over Lower Pay During Contractual Service: AP High Court

The Andhra Pradesh High Court has held that state universities cannot reject applications for Associate Professor posts solely because contractual teaching faculty were paid less than the gross emoluments prescribed for regularly appointed Assistant Professors under the University Grants Commission (UGC) Regulations, 2018. [2026 LiveLaw (AP) 253]In doing so, a Single Judge Bench of...

Request To Extend Voluntary Retirement Date Can't Be Ignored If Made Before Retirement Takes Effect: Rajasthan High Court

The Rajasthan High Court has held that a request to extend the date of voluntary retirement cannot be ignored if it is made before the retirement takes effect, even if the applicable service rules do not expressly provide for such an extension.The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Inderjeet Singh observed that although the Rajasthan Civil Services (Pension)...