Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
3 months ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision for that of the management, in that the assessment of worth of an employee must be left to the bonafide decision of the employer and such assessment of the employer taking into account multiple factors including suitability of the person for a particular post and exigency of administration cannot be looked into” Petitioner, Shafayatullah, initially appointed as a Khilawarzi Inspector in 1992, was temporarily posted as the Executive Officer in the Municipal Committee, Thanamandi, in November 2022, to oversee its affairs. They submitted that the petitioner lacked the qualifications and eligibility to hold the post of Executive Officer under the Jammu and Kashmir Urban Local Bodies Service Recruitment Rules, 2008. Referring to the Jammu and Kashmir Urban Local Bodies Service Recruitment Rules, 2008, the Court observed that the petitioner, as a Khilawarzi Inspector, was not eligible for the post of Executive Officer as the rules clearly outlined that the Executive Officer position required specific qualifications and experience, which the petitioner did not possess.

Court Assessment Transfer Right Jammu Post Officer Decision Executive Petitioner Executive Officer Khilawarzi Inspector  individual  hc  scrutinized  jk  service  assessment  suitability  worth  final  right  executive  post  employers  petitioner  officer  decision  particular  court  transfer

History of this topic

'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion
2 weeks ago

'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion

Live Law  

The Delhi High Court rejected the petition filed by the Principal Commissioner of Income Tax, seeking a declaration against the Appointments Committee Of Cabinet which promoted him to the post with purported delay. Calling the petition to have stemmed from the officer's “ego issue”, the division bench of Justices C. Hari Shankar and Ajay Digpaul fell one step short of …

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court
1 month, 2 weeks ago

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

Live Law  

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati …

Supreme Court Annual Digest 2024: Service Law
1 month, 2 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court
1 month, 2 weeks ago

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

Live Law  

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view. While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division …

No illegality in the posting of B. Ashok: Kerala govt. tells CAT
1 month, 3 weeks ago

No illegality in the posting of B. Ashok: Kerala govt. tells CAT

The Hindu  

The State government on Thursday submitted before the Central Administrative Tribunal Ernakulam Bench that there is no illegality or violation of any rules or procedures in the decision to post B. Ashok, IAS, as Chairperson of the Local Self-Government Reforms Commission. The submission was made in a statement filed by the government in response to an application filed by the …

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court
1 month, 3 weeks ago

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court

Live Law  

The Kerala High Court has reiterated that it can exercise jurisdiction over the order of Compensation Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship, which is a jurisdictional fact to be established, for the Commissioner to exercise its jurisdiction. Justice T. R. Ravi set aside the order of the Employees Compensation Commissioner on …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
1 month, 3 weeks ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

Live Law  

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
2 months, 3 weeks ago

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. But later on RFC issued a separate order dated 28.08.2015 denying the payment of annual grade increments as well as arrears …

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement
3 months, 1 week ago

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement

Live Law  

The Supreme Court today dismissed Union of India's challenge to the setting aside of an order of compulsory retirement against Chhattisgarh IPS Officer Gurjinder Pal Singh, who faced allegations of corruption, extortion and sedition.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order in Union's challenge to a Delhi High Court order, whereby the decision of the. The …

Employee Can Join New Employer After Previous Employer Rejects Offer
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Employee Can Join New Employer After Previous Employer Releases Him
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court
6 months, 1 week ago

'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court

Live Law  

Rajasthan High Court recently allowed a petition challenging an 'Awaiting Posting Order' passed by the State Medical and Health Services Department during the ban period imposed by the Government, in the absence of any urgency or even clearance from the office of the Chief Minister. In the opinion of this Court, the State Government cannot blow hot and cold at …

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC
8 months, 3 weeks ago

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC

Live Law  

The Karnataka High Court has deprecated the act of public servants causing political influence in a matter of their transfer and postings and said it may constitute a sole ground for declining relief. A Division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by Karnataka Food and Civil Supplies Corporation Limited and set …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
9 months, 3 weeks ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 2 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
10 months, 3 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
11 months, 1 week ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

Live Law  

The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC
1 year ago

Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC

Live Law  

The Allahabad High Court has upheld the quashing of termination of an employee after he had an unblemished service record of 30 years. Placing reliance on the decision of Supreme Court in Chairman and Managing Director, Food Corporation of India and others vs. Jagdish Balaram Bahira and other, counsel for State argued that the termination of the petitioner was right …

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Allahabad High Court Directs Promotion Of Judicial Officer With Retrospective Effect, Sets Aside Adverse Entry
1 year, 6 months ago

Allahabad High Court Directs Promotion Of Judicial Officer With Retrospective Effect, Sets Aside Adverse Entry

Live Law  

The Allahabad High Court recently set aside the adverse entry made in the service record of judicial officer Sunil Kumar Singh-III and directed that he be promoted with retrospective effect from UPHJS 2015. In 2013-2014, the then District Judge, Ghaziabad, who was elevated to the High Court had awarded an adverse entry on the ACR of the petitioner stating Integrity …

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court
1 year, 6 months ago

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court

Live Law  

The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/The bench of Justices Abhay S Oka and Sanjay Karol observed that the Workmen’s Compensation Commissioner is the last authority on facts.In this case, the High Court of Gujarat at Ahmedabad set …

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary
1 year, 6 months ago

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary

Live Law  

The Supreme Court recently issued notice to the Punjab and Haryana High Court in a petition filed by a Court staff challenging his transfer. He contended that in the absence of a transfer policy, Grade III and IV employees working in subordinate courts under the High Court faced arbitrary transfers which are often punitive in nature. For fair adjudication and …

Jammu & Kashmir High Court Declines Contempt Action Against SSB Chairman Citing UT Admin's Decision Withdrawing Posts After Reorganisation
1 year, 7 months ago

Jammu & Kashmir High Court Declines Contempt Action Against SSB Chairman Citing UT Admin's Decision Withdrawing Posts After Reorganisation

Live Law  

The Jammu and Kashmir High Court today refused to initiate contempt action against the Chairman of J&K Service Selection Board for non-compliance of its 2013 direction for undertaking fresh selection process to the posts of Assistant Information Officer Grade-II for which the A bench of Chief Justice N Kotiswar Singh & Justice Javed Iqbal Wani noted that the direction could …

Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation
1 year, 8 months ago

Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation

Live Law  

The Punjab and Haryana High Court has stayed the notification issued by the Secretary of Punjab Department of Local Bodies, removing Councilor Raj Preet Singh from Municipal Corporation Morinda. While issuing a notice to the respondents in a plea challenging the removal, the bench of Justice Pankaj Jain said, “In the meantime, operation of Annexure P-1 dated 15.06.2023, shall remain …

Patna High Court Questions State's Policy On Promotion Of Welfare Department Employees
1 year, 10 months ago

Patna High Court Questions State's Policy On Promotion Of Welfare Department Employees

Live Law  

Observing that transferring the employee from the post of In-Charge, District Welfare Officer to the position of Block level Welfare Officer was malafide, the Patna High Court directed the State to immediately reinstate the person to the previous position and also ordered it to initiate the process of promotion as per the Cadre Rules, 2010. Rajani Kant Ojha, an employee …

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court
2 years ago

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently set aside an order of the Assistant Labour Commissioner condoning at least 15 years delay by certain persons in seeking compensation under Employees Compensation Act on behalf of their relatives, on the solitary premise that it is a creation of special legislation. Justice Rajesh Sekhri observed, The bench was hearing a …

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court
2 years, 2 months ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law  

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
2 years, 2 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
2 years, 6 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law  

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
2 years, 8 months ago

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of …

Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court
2 years, 8 months ago

Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered. …

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)
2 years, 8 months ago

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)

Live Law  

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw 94 Constitution of India, 1950; Article 226 - Appeal against Karnataka High Court judgment which set aside the judgment of the Karnataka Administrative …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
3 years ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC
3 years, 1 month ago

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC

Live Law  

The Jharkhand High Court has recently reiterated that the writ court does not sit in appeal against the orders passed in departmental proceedings, particularly when there are concurrent findings concerning the proved charges. Referring to the precedent in Pravin Kumar v. Union of India, Justice Anubha Rawat Choudhary noted,"This Court finds that in the instant case the petitioner has not. …

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court
3 years, 1 month ago

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court

Live Law  

"Equal pay for equal work" is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government, the Supreme Court remarked in a judgment delivered on Thursday The bench comprising Justices DY Chandrachud and Bela M. Trivedi observed that the equation of post and determination of pay scales is the primary …

Does National Commission For Scheduled Castes Have Power To Order Reinstatement Of Employees? Delhi High Court To Examine
3 years, 2 months ago

Does National Commission For Scheduled Castes Have Power To Order Reinstatement Of Employees? Delhi High Court To Examine

Live Law  

The Delhi High Court on Monday issued notice to the National Commission for Scheduled Caste in a plea seeking quashing of an order whereby the Commission directed the Institute of Cost Accounts of India to reinstate a contractual employee.The Commission had further ordered that employee be made permanent and pay the arrears remaining from the date of removal from services …

'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court
3 years, 4 months ago

'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court

Live Law  

The Uttarakhand High Court last week set aside an order passed by the principal bench of the Central Administrative Tribunal allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in to its principal bench. However, the Central Government moved a transfer application before the Principal Bench, New Delhi seeking transfer of …

"This Cannot Continue"- Supreme Court Issues Notice To States, UTs, High Court Registrars On Plea Against Continued Use Of 66A IT Act
3 years, 7 months ago

"This Cannot Continue"- Supreme Court Issues Notice To States, UTs, High Court Registrars On Plea Against Continued Use Of 66A IT Act

Live Law  

The Supreme Court on Monday issued notice to States, Union Territories and Registrar of High Courts in a plea filed by Peoples Union for Civil Liberties seeking various directions and guidelines against the FIRs under provision of Section 66A struck down by Shreya Singhal case judgement. Supreme Court had on July 5th issued notice while expressing shock at the practice …

Post Made Against Amit Shah Prior To Joining Service: Allahabad HC Deprecates Post's Reference In Inquiry Order & Annuls Officer's Transfer [Read Order]
4 years, 4 months ago

Post Made Against Amit Shah Prior To Joining Service: Allahabad HC Deprecates Post's Reference In Inquiry Order & Annuls Officer's Transfer [Read Order]

Live Law  

The Allahabad High Court recently quashed an order of transfer of a Government Officer against whom an inquiry was instituted in which there was a reference of the Facebook page post which the officer made on 15.07.2015 much before the joining as Designated Officer on 15.09.2015. It may be noted that the inquiry order dated 11.09.2020 was primarily instituted against …

Elected Representatives Cannot Have A right To Claim That A Particular employee be Posted at a Particular Station:HP HC [Read Judgment]
5 years ago

Elected Representatives Cannot Have A right To Claim That A Particular employee be Posted at a Particular Station:HP HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court on Wednesday held that elected representatives cannot have a right to claim that a particular employee be posted at a particular station, and that the choice is to be made by administrative head and not by the legislators. "The Chief Minister and Ministers/elected representatives may recommend the transfer of an employee, however, the transfer orders …

If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]
6 years, 6 months ago

If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees and Miscellaneous Provisions Act, 1955, claim recovery of dues from their employer and same is denied by the employer, then the state or its delegate must refer the matter to a Labour Court.Justice SC Gupte passed the judgment in a batch …

If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]
6 years, 6 months ago

If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees and Miscellaneous Provisions Act, 1955, claim recovery of dues from their employer and same is denied by the employer, then the state or its delegate must refer the matter to a Labour Court.Justice SC Gupte passed the judgment in a batch …

Police Verification Report Sparks Legal Battle Over Civil Judge Selection
7 years, 2 months ago

Police Verification Report Sparks Legal Battle Over Civil Judge Selection

Live Law  

The Bombay High Court has dismissed a petition filed by Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report. The bench of Justice Vasanti Naik and Justice Sarang Kotwal found that Imran was acquitted in the criminal case and that the …

Bombay HC Upholds State’s Decision To Cancel Selection Of Man For Post Of JMFC As He Was Tried For Serious Offences [Read Order]
7 years, 2 months ago

Bombay HC Upholds State’s Decision To Cancel Selection Of Man For Post Of JMFC As He Was Tried For Serious Offences [Read Order]

Live Law  

The Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.The bench of Justice Vasanti Naik and Justice Sarang Kotwal was hearing the case.Case BackgroundThe petitioner was selected after giving. The Bombay …

Whether IPS Or Other Officers Can Be Posted In The Railway Police Force? Delhi HC Refers Question To Larger Bench [Read Judgment]
7 years, 6 months ago

Whether IPS Or Other Officers Can Be Posted In The Railway Police Force? Delhi HC Refers Question To Larger Bench [Read Judgment]

Live Law  

The Delhi High Court has referred to a larger Bench the question whether Indian Police Service or other Officers can be appointed to the posts in the Railway Protection Force.A Bench comprising Justice Sanjiv Khanna and Justice Navin Chawla referred the ratio of the decision in the case of P.S. The Delhi High Court has referred to a larger Bench …

Whether IPS Or Other Officers Can Be Posted In The Railway Police Force? Delhi HC Refers Question To Larger Bench [Read Judgment]
7 years, 6 months ago

Whether IPS Or Other Officers Can Be Posted In The Railway Police Force? Delhi HC Refers Question To Larger Bench [Read Judgment]

Live Law  

The Delhi High Court has referred to a larger Bench the question whether Indian Police Service or other Officers can be appointed to the posts in the Railway Protection Force.A Bench comprising Justice Sanjiv Khanna and Justice Navin Chawla referred the ratio of the decision in the case of P.S. The Delhi High Court has referred to a larger Bench …

Winding Up Petition By Employee As Creditor Claiming Recovery Of Unpaid Salary Maintainable: Bombay HC [Read Judgment]
7 years, 11 months ago

Winding Up Petition By Employee As Creditor Claiming Recovery Of Unpaid Salary Maintainable: Bombay HC [Read Judgment]

Live Law  

In a significant ruling, the Bombay High Court has held that a winding up petition filed by an employee under Section 439 r/w sections 433 and 434 of the Companies Act, 1956, as a creditor based on the claim of recovery of his unpaid salary and wages is maintainable.A division bench of Justice SC Dharmadhikari and Justice BP Colabawalla was …

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