In Absence of Disciplinary Authority, Charge Sheet becomes Non est

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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

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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

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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

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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

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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…

Date Of Joining Irrelevant In Fixing Seniority Of Direct Recruits

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The fundamental principles of inter se seniority of direct recruits and promotees in Central Civil Services/posts were laid down in the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS dated 29.12.1959 which provided, Inter alia, that the relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies…

Equal Pay for Equal Work

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India’s Constitutional position The Indian Constitution recognized the principle of ‘Equal Pay for Equal Work’ for both men and women, and ‘Right to Work’ through Article 39(d) and 41. These Articles are inserted as Directive Principles of State Policy. This means that, they will serve as guidelines to the Central and State governments of India,…