Upper cap of 3 months for suspension period for govt. employees if not given charge sheet
In a remarkable judgment in service law jurisprudence, a two judge bench of the Supreme Court has held that a government employee cannot be kept suspended for more than three months if not formally informed about the charges. However, the charges under departmental proceedings may continue even after revocation or reinstatement to the job. Based […]
Departmental Inquiry is no Ground to Deny Pension or Subsistence Allowance to Employee
Case name: UCO Bank & Ors. v. Rajendra Shankar Shukla In the case, the Supreme Court made a scathing attack on the Appellant Bank in view of illegalities in departmental inquiry against the Respondent Employee including the fact that the Respondent employee was denied even the subsistence allowance during the pendency of the inquiry against […]
Compassionate Appointment cannot be claimed as a matter of right
Case name: Rajasthan State road Transport Corporation and ors. v. Revat Singh In this case, the Supreme Court while relying on its decisions in the case of I.G.(Karmik) and others vs. Prahalad Mani Tripathi and Steel Authority of India Limited v. Madhusudan Das, held that compassionate appointment cannot be granted to a post for which the candidate is ineligible. […]
SC’s Guidelines for Employer in case of Suppression of Information by Employee
Case name: Avtar Singh v. Union of India In this case the Court considered the cleavage of opinion in various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. The […]
Jobs Secured on the basis of Fake Caste Certificates to be Rendered Invalid
Case name: Managing Director FCI and Ors. v. Jagdish Balram Bahira and Ors. Recently, the Supreme Court was confronted with a batch of petitions involving individuals who sought the benefit of public employment on the basis of a claim to belong to a beneficiary group which upon investigation was found to be invalid. In the case Supreme Court has rendered […]
In Absence of Disciplinary Authority, Charge Sheet becomes Non est
Case name: Union of India v. B.V. Gopinath, (2014) 1 SCC 351 In this case, the Supreme Court in view of the facts and circumstances of the case, clearly stated that in absence of approval of disciplinary authority, charge memo/charge-sheet becomes non estand hence is liable to be quashed. It was further held that all decisions […]
Non-Supply of Inquiry Report to the delinquent employee in disciplinary proceedings
Case name: Uttarakhand Transport v. Sukhveer Singh In this case, the Supreme Court has primarily ruled on the legal principle of Non-Supply of Inquiry Report to the delinquent employee in disciplinary proceedings and the consequences that follow when the delinquent employee has not been prejudiced by non-supply of inquiry report prior to the issuance of […]
Promotion available during Claimant’s period of extension of service can’t be granted to the Claimant
Case name: H.M. Singh v. Union of India, (2014) 3 SCC 670 This case dealt with service Law Promotion Entitlement to promotion during period of extension of service. In the case, the appellant’s claim for promotion to post of Lt. General was rejected on ground that he was on extension of service. In view of […]
Departmental Enquiry on Vague Charges shall be Vitiated
Case name- Shri Anant R. Kulkarni v. Y.P. Education Society & Ors. In this case, the Supreme Court made some key observations pertaining to disciplinary proceedings which enumerated below: That once court sets aside an order of punishment on the ground that enquiry was not properly conducted, Court should not preclude employer from holding the […]
Delhi HC on Sexual Harassment at Workplace
Case name: Shanta Kumar v. Centre of Scientific and Industrial Research & Ors. In this recent ruling, the Delhi High Court was confronted with an alleged case of sexual harassment at workplace. The Court made following observations in the case: That undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is […]