Category: Service

Service Matters

Penal Code, 1860 (IPC) – Sections 467, 468, 471, 474, 420, 406 and 120B – Uttar Pradesh Fundamental Rules – Rule 56(C) – Compulsory retirement-A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions – Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter – Standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. HELD But a conduct which creates a perception beyond the ordinary cannot be countenanced

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI YADAV — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

Service Matters

Decided on : 05-12-2019 – Denial of voluntary retirement does not mitigate the legal consequences that flow from resignation – Denial of voluntary retirement cannot be invoked before this Court to claim pensionary benefits when the first respondent has admittedly resigned. Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation.

SUPREME COURT OF INDIA DIVISION BENCH BSES YAMUNA POWER LTD.— Appellant Vs. SH. GHANSHYAM CHAND SHARMA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hrishikesh Roy,…

Service Matters

Decided on : 06-12-2019 – Uttar Pradesh Jal Nigam Subordinate Engineering Service Regulations, 1978 – Regulations 16(2), 17, 18, 20 and 23 – Appointment – Determination of Seniority – Method of giving appointment to the senior most person of each category is only a fortuitus circumstance as such appointments were made dehors the merit.

SUPREME COURT OF INDIA DIVISION BENCH DHARMENDRA PRASAD AND OTHERS — Appellant Vs. SUNIL KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters

Decided on : 06-12-2019 – Service law – Dismissal – Demand and acceptance of illegal gratification -It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of ‘no evidence’ – Sufficiency of evidence is not within the realm of judicial review

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. PHULPARI KUMARI — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters

Decided on : 06-12-2019 – Constitution of India, 1950 – Article 14 – There is no concept of negative equality under Article 14 of the Constitution of India – Appellants cannot, as a matter of right, claim appointment on the basis of two ineligible persons being given the benefit and no direction can be given to the Respondents to perpetuate illegality

SUPREME COURT OF INDIA DIVISION BENCH HAV (OFC) RWMWI BORGOYARY AND OTHER ETC. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Service Matters

Decided on : 06-12-2019 Uttar Pradesh Industrial Training Institutes (Instructors) Service (Second Amendment) Rules, 2003 – Rule 8 – Appointment – Academic Qualification – Eligibility condition is that a candidate must have obtained a certificate in respective trade from NCVT – It is not necessary that a qualification prescribed in the Rules has to be possessed in one certificate

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR DWIVEDI — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters

Service Law – Technical Assesment Reports (TAR) – Mandatory requirement for fulfilling the eligibility criteriTAR may be taken into consideration while grading the officer for the purposes of ACR but once the ACR is being taken into consideration then in view of the office memorandum dated 12.05.2011 – TAR is the criteria which could not have been taken into consideration – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT.COL. SAMEER SINGH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…

Service Matters

Service Law – Rate of wages – Contract Casual Labourers – Held, The contractor shall not be entitled to 471% ASOR basis with respect to supply of casual labourers as claimed by him – Therefore, it is specifically observed and held that the FCI shall be liable to pay the wages payable to the casual labourers under the subject contract according to the rates specified in the judgment and order dated 14.01.2010 passed by this Court in Civil Appeal Nos. 9472-9473/2003 and not on 471% ASOR basis

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. PRATAP KUNDU — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil Appeal No.…

Service Matters

The Juvenile Justice (Care and Protection of Children) Act, 2000 as well as The Juvenile Justice (Care and Protection of Children) Act, 2015 is that even if a juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile.

There Is No Stigma With Regard To Any Crime Committed By A Juvenile, Says SC “Even if a juvenile is convicted, the same should be obliterated” The Supreme Court has…

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