Judgments - Removal from Service
PREM NARAIN Vs. M/S SWADESHI COTTON MILLS, JUHI & ANR.
SHOBHA RAM RATURI Vs. HARYANA VIDYUT PRASARAN NIGAM LTD.& ORS
Having given our thoughtful consideration to the controversy, we are satisfied, that after the impugned order of retirement dated 31.12.2002 was set aside, the appellant was entitled to all consequential benefits. The fault lies with the respondents in not having utilised the services of the appellant for the period from 1.1.2003 to 31.12.2005. Had the appellant been allowed to continue in service, Full Judgment
BRIJ BIHARI SINGH Vs. BIHAR STATE FINANCIAL CORPORATION & ORS.(R-1,4,7)
It is well settled that a person who is required to answer a charge imposed should know not only the accusation but also the testimony by which the accusation is supported. The delinquent must be given fair chance to hear the evidence in support of the charge and to cross-examine the witnesses who prove the charge. The delinquent must also be given a chance to Full Judgment
STATE OF JAMMU AND KASHMIR Vs. R.K. ZALPURI AND ORS
JAGDISH LAL GAMBHIR Vs. PUNJAB NATIONAL BANK & ORS.
RAJINDER KUMAR Vs. STATE OF HARYANA & ANR
But the question is, whether dismissal is the only option in such situations where an employee is found unfit for service. We have no doubt in our mind that indiscipline of any sort cannot be tolerated at all in a disciplined force. However, in the factual background of the appellant which we have referred to above, the disciplinary authority or at least the appellate authority, should have considered whether a punishment other than dismissal would have been Full Judgment
STATE OF M.P. Vs. MOHAN LAL
Heard the learned counsel for the parties. In view of the Order dated 15.09.2014 passed by this Court in Civil Appeal No. 9675 of 2014 titled as “State of M.P. & Anr. vs. Vinod Kumar Tiwari”, in our considered opinion, it is a fit case where some compensation should be awarded to the respondent instead of directing the appellant to reinstate Full Judgment
RAJESHWAR BABURAO BONE Vs. STATE OF MAHARASHTRA & ANR
RAJESH KUMAR GANDHI Vs SHRIRAM INSTITUTE FOR INDUSTRIAL RESEARCH
NATIONAL INSTITUTE OF TECHNOLOGY & ANR. Vs. PANNALAL CHOUDHURY & ANR.
Ashish Kumar Sahu Vs State Of Chhattisgarh & ors
The issue with which this Court is required to deal is whether nondisclosure of registration of a criminal case, in which the petitioner has already been acquitted would make him eligible for remaining in employment? 8. In the matter of Devendra Kumar Vs. State of Uttaranchan And Others1, the Supreme Court has held that issue of obtaining appointment by misrepresentation is no more res integra. The question is not whether the applicant is suitable for the post. Pendency of criminal Full Judgment
K.P. Manu Versus Chairman, Scrutiny Committee for Verification of Community Certificate
As we perceive, the controversy fundamentally has three arenas, namely, (1) whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste; (ii) whether after his eligibility is accepted and his original community on a collective basis takes him within its fold, he still can be denied the Full Judgment
UNION OF INDIA & ORS. Vs. DILEEP KUMAR SINGH
These appeals raise an interesting question as to the interpretation of a proviso contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short the "1995 Act"). It is well settled that the provisions of a statute must be read harmoniously together. However, if this is not possible then it is settled law that where there is a conflict between two Sections, and you cannot reconcile the two, you have to determine which is the leading provision Full Judgment
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
DIWAN SINGH Vs. L.I.C. & ORS.
This Court in a catena of judgments held that the loss of confidence is the primary factor and not the amount of money misappropriated and that the sympathy or generosity cannot be a factor which is impermissible in law. When an employee is found guilty of pilferage or of misappropriating the Corporation's funds, there is nothing wrong in the Corporation losing confidence or faith in such an employee Full Judgment
Sanjay Bharti Vs State of Chhattisgarh and others.
A probationer has no right to hold the post and his service can be terminated at any time during or at the end of the period of probation on account of general unsuitability for the post held by him. If the competent authority holds an inquiry for judging the suitability of the probationer or for his further continuance in service or for confirmation and such inquiry is the basis for taking decision to terminate his service, then the action of Full Judgment
Fakhruzamma Versus The State of Jharkhand & Anr.
Bsnl Versus Bhurumal
It is trite law that when the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of theIndustrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee by paying him the retrenchment compensation. Since such a workman was working on daily wage basis and even afterhe is reinstated, he has no right to seek regularization. Thus when he Full Judgment