All India Federation of Superintendents of Customs | Important Judgements

IMPORTANT JUDGEMENTS IN SERVICE MATTERS

IN THE SUPREME COURT OF INDIA
24/02/2006	Chairman & M.D., Bharat Pet. Corpn. Ltd. and others vs. T.K. Raju Dismissal from service - respondent charged for committing grave financial irregularities - dismissal challenged - respondent charged for violation of several rules of the company - all charges stood proved - punishment of dismissal not disproportionate. Case Law »
24/02/2006	HEC Voluntary Retd Emps. Welfare Soc. and another vs. Heavy Engineering Corporation Ltd. and others VRS floated by respondent company opted by appellants - pay scales revised by company subsequently - once an employee opts to retire voluntarily, in terms of a contract, he cannot raise a claim for a higher salary, unless he becomes entitled thereto by reason of a statute. Case Law »
24/02/2006	Maharashtra State Seeds Corpn. Ltd. vs. Haridas and another Disciplinary proceedings - quantum of punishment - respondent charged for defalcation of huge amounts, preparation of false documents and mis-appropriation - services terminated - reinstated on ground that two show cause notices could not have been issued - no specific provision to show that second show cause notice was impermissible - respondent held an office of trust - guilty of grave misconduct - not proper situation to interfere with quantum of punishment. Case Law »
24/02/2006	Union of India and another vs. S.C. Parashar Central Civil Services Rules - rule 11(iii), (iii)(a) and (v) - misconduct - penalty of reduction of pay scale and loss of seniority imposed - procedure for imposition of major penalty adopted in departmental proceeding - wrong concession made by counsel of appellant would not bind appellant - both major and minor punishments imposed in department proceedings - direction of High Court for entitlement to seniority set aside. Case Law »
24/02/2006	Punjab State Civil Supplies Corp. Ltd. vs. Sikander Singh Departmental enquiry - removal from service challenged - suit for recovery of money filed against delinquent employees - appropriate punishment imposed during departmental enquiry - civil suit cannot be filed on same cause of action - matter remitted back for fresh consideration. Case Law »
24/02/2006	Himmat Singh vs. State of Haryana and others Punjab Police Rules, 1934 - Rule 22.55, Clause 12.55 - order of voluntary retirement challenged by appellant on ground that same was withdrawn - contention of appellant that he was coerced to apply for voluntary retirement not proved. Case Law »
23/02/2006	Puran Das vs. Union of India and others Indo-Tibetan Border Police (Non-Gazetted Telecommunication Cadre) Rules, 1983 - promotion - appellant removed from service - subsequently reinstated - tests for promotion conducted in 1975 - appellant became qualified after clearing eligibility tests in 1984 and 1986 - qualification cannot be given retrospective effect - appellant not eligible for promotion. Case Law »
03/02/2006	South Bengal State Transport Corpn. vs. Swapan Kumar Mitra and others Departmental proceedings - respondent removed from service due to rash and negligent driving causing accident - acquittal in criminal case cannot conclude departmental proceedings - copy of enquiry report and other allied documents not supplied to respondent - disciplinary authority directed to decide question of removal from service afresh after supplying relevant documents to respondent. Case Law »
02/02/2006	Ram Saran vs. I.G. of Police, CRPF and others CRPF Act, 1949 - Section 11 - CRPF Rules, 1955 - rule 27 - CCS (CCA) Rules, 1965 - Rule 14 - CCS (Pension) Rules - Rule 24 - dismissal from service - employment obtained on basis of false date of birth - as per G.O. No. 29/93, a Government servant who was not eligible in terms of relevant rules for initial recruitment or furnished a false certificate to secure appointment should not be retained in service. Case Law »
01/02/2006	A.P.S.R.T.C. and another vs. B.S. David Paul Industrial Disputes Act, 1947 - Section 33-C(2) - back wages - services of respondent terminated - reinstatement allowed by Labour Court - no direction for back wages in award passed by Labour Court - it cannot be presumed that award of reinstatement itself conferred right to claim back wages without there being any specific direction in that regard. Case Law »
31/01/2006	Syndicate Bank and others vs. Venkatesh Gururao Kurati Domestic Enquiry - respondent, a bank manager dismissed on ground of misappropriation of proceeds of loans - dismissal challenged on ground of non-supply of documents - non-supply of documents on which Enquiry Officer does not rely upon during course of enquiry does not create any prejudice to the delinquent - in instant case all relevant documents supplied to respondent - order of removal from service restored. Case Law »
25/01/2006	The Commissioner of Police and others vs. Syed Hussain Administrative Law - respondent, a police constable stood surety for bail for a hardened criminal - misconduct - removed from service - had committed misconduct on two previous occasions and punished for same - punishment of removal from service can be imposed when misconduct is committed by a person who holds position of trust - order of removal passed by Administrative Tribunal upheld. Case Law »
23/01/2006	L.I.C. of India vs. Sushil Employment secured by respondent on basis that he belongs to Scheduled Tribe - claim fraudulent - direction of reinstatement given by High Court on respondent filing an undertaking that he will not claim any benefit on basis that he belongs to Scheduled Tribe - respondent did not appear before Scrutiny Committee despite being granted 6 opportunities - mere filing of undertaking not sufficient - matter remanded back. Case Law »
23/01/2006	Chairman-cum-M.D., T.N.C.S. Corpn. Ltd. and others vs. K. Meerabai Departmental Enquiry - respondent-employee found guilty of mis-appropriating funds - dismissed from service - order of reinstatement passed by High Court - order of dismissal was based on examination and appreciation of facts and evidence on record and stated cogent reasons for dismissal - scope of departmental and criminal proceedings distinct - order of dismissal confirmed. Case Law »
03/01/2006	State of Karnataka and others vs. KGSD Canteen Employees Welfare Association and others Article 226 - regularization of service - employees of canteen not employees of State as latter had no statutory compulsion to run and maintain any canteen for its employees - employees of canteen not Government servants hence High Court could have framed scheme for regularization of their service - canteen employees did not hold any sanctioned post hence cannot claim remuneration equal to Government servants. Case Law »
03/01/2006	Sarat Chandra Mishra and others vs. State of Orissa and others Article 142 - res judicata - principle of - circular fixing new principles for fixing seniority and gradation list challenged before Administrative Tribunal - order of Tribunal attained finality - same issue cannot be re-agitated again as same is barred by principle of res judicata unless any distinct cause of action is shown - also under Article 142, Supreme Court cannot exercise its jurisdiction in violation of the statutory provisions and that too to unsettle a settled thing. Case Law »
03/01/2006	State of Rajasthan and another vs. Mohammed Ayub Naz Rajasthan Service Rules - removal from service for absence - Respondent remained absent for 3 years without intimation to Government - the learned Single Judge has interfered in the punishment of removal from service and replaced with compulsory retirement with all consequential benefits - the impugned order of removal from service is the only proper punishment to be awarded to the Respondent - Court can substitute its own view as to the quantum of punishment - Respondent has no right to receive the monetary/retiral benefits during the period in question. Case Law »
07/12/2005	D.S.P. Chennai vs. K. Inbasagaran Prevention of Corruption Act, 1988 - Section 13(2) r/w Section 13(1)(e) - unaccounted assets unearthed from house of an IAS officer during Income-tax raid - wife of accused accepted full responsibility for the money recovered - initial burden to establish whether accused had acquired property disproportionate to his known source of income lies on prosecution - entire money treated in hands of wife and assessed by Income-tax Department - burden on accused to offer plausible explanation satisfactorily discharged. Case Law »
11/11/2005	Jagdish Kumar and others vs. State of H.P. and others Seniority for promotion to be reckoned from date of initial appointment and not from date of passing of requisite examination for claiming promotion - Court can permit a non-appealing party to question corrections of view adverse to them, in appropriate case. Case Law »
11/11/2005	State of A.P. and another vs. A.P. Pensioners Association and others Pay Scale Revision - rules revising pay scale came into force on 1.7.98 with financial benefits from 1.4.99 - applications filed by employees retiring between said dates for payment of pensionary benefits in accordance with revised rules - as monetary benefits were payable from 1.4.99, right to get benefits computed on basis of revised pay scale would be effected from that date only - revised benefits not payable to employees retiring between 1.7.98 and 31.3.99. Case Law »
08/11/2005	Dilawar Singh vs. Parvinder Singh @ Iqbal Singh and another Prevention of Corruption Act, 1988 - Criminal Procedure Code, 1973 - previous sanction for prosecution - appellant a public servant summoned u/s 319, Cr.P.C. without previous sanction - a Special Judge while trying an offence under Prevention of Corruption Act cannot summon a person and proceed against him in the purported exercise of power u/s 319, Cr.P.C. if no sanction has been granted against that person - order of summoning of appellant unsustainable. Case Law »
07/10/2005	Srikantha S.M. vs. Bharath Earth Movers Ltd. Resignation - appellant tendered resignation on 4.1.93 which was to be given effect from 15.1.93 - resignation withdrawn on 8.1.93 - not accepted by company - relationship of employee-employer continued till 15.1.93 - relieving order and payment of salary clarifies that appellant was continued in service upto 15.1.93 - company directed to treat appellant in continuous service till age of superannuation. Case Law »
26/09/2005	Union of India and others vs. Joseph P. Cherian Result of Departmental Examination for promotion cancelled on account of malpractices - writ petition filed by employee praying for promotion on basis of said exam - when results of examination were cancelled, question of employee being considered on basis of marks secured by him in said exam does not arise - while considering case of mass malpractice there is no scope of examining an individual's case. Case Law »
14/09/2005	Bank of India and another vs. Avinash D. Mandivikar and others Termination of service as caste certificate invalid - order set aside as reference made after 11 years of appointment - held mere delayed reference when the foundation for the same is alleged fraud does not in any way affect legality of the reference - a person obtaining appointment by illegitimate means cannot be allowed to enjoy the same. Case Law »
04/02/2005	Dr. Subramanian Swamy vs. Director, CBI and others Delhi Special Police Establishment Act, 1946 - section 6-A - constitutional validity of - whether arbitrariness and unreasonableness or manifest arbitrariness and unreasonableness, being facets of Article 14 of the Constitution of India are available or not as grounds to invalidate a legislation - conclusion reached in para 34 of Vineet Narain's decision run contrary to observations and findings contained in para 28 of Veeraswami's case - to be heard by a larger-Bench, subject to the orders of Hon'ble the Chief Justice of India. Case Law »
28/07/2003	Dwarka Prasad and others with Rudresh Kumar Thomar and others vs. Union of India and others Thus the holders of two posts constitute two distinct classes with different conditions of service and nature of duties - is open to the promoting authority to treat them differently in the matter of providing avenues of promotion - Articles 14 & 16 of the Constitution of India cannot be pressed into service to describe the fixation of lower quota for POs as discriminatory - We do not find any legal or constitutional infirmity in the lower quota fixed for POs as compared to EOs for the post of Appraiser Group 'B'. Case Law »
08/05/1996	Union of India vs. Gaya Baksh Yadav Upholds tribunal orders to the extent that a fresh All India Combined List of Appraisers be prepared on the basis of continuous officiation of the incumbent in the post of Appraiser appointed on and from the date of the Customs Appraisers Service, Class II Recruitment Rules, 1961 - appraisers appointed prior to that date the rule of Mervyn Coutinho to be the basis to work out the inter se seniority of the incumbents to operate the quota and rotational rule Case Law »
20/02/1996	Costao Fernandes vs. State at the Instance of D. S. P., CBI, Bombay A valiant and dutiful Customs Officer risked his life to fight the mighty under-world of smugglers; unarmed and single-handedly - is being persecuted, not prosecuted, as the action smacks of revenge seeking to take his life because he has taken the life on a smuggler - let this not be countenanced - let this head-hunting be not permitted - it will not be proper to disallow such protection under Section 155 of the Customs Act to the appellant but to subject him to a full-fledged trial on a charge of murder by pointing out that it would be open to the appellant to plead for right to private defence in such trial, like any other accused. Case Law »
22/01/1985	Dhanjibhai Ramjibhai vs. State of Gujarat Probation - appellant allowed to continue after the probation period of two years specified in the order of appointment will not be deemed to have been confirmed - rule 5 of the Recruitment Rules - a person does not enjoy a greater right to confirmation if he is allowed to continue beyond the initial period of two years. Case Law »
14/02/1966	Mervyn Cotinho and others vs. CC, Bombay Relative seniority of direct recruits and promotees to be determined according to the rotation of vacancies between direct recruits and promotees which is to be based on the quota of reservation for direct recruitment and promotion - a roster should be maintained based on the reservation for direct recruitment and promotion in the recruitment rules - method of fixing seniority of Principal Appraisers struck down. Case Law »