Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court
3 months ago

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court

Live Law  

Sikkim High Court: A single judge bench of Justice Bhaskar Raj Pradhan quashed a government order withdrawing retirement benefits of a dismissed government officer. Rule 10 grants the Governor powers to revise the penalties imposed on a government servant, subject to consultation with the Sikkim Public Service Commission when necessary. The government's counsel, led by Mr. Zangpo Sherpa, Additional Advocate General, justified the new order on grounds that the Governor's earlier decision was procedurally invalid as he did not consult with the Sikkim Public Service Commission. Thus, the court set aside the new order, and restored the old order that modified Subba's penalty to compulsory retirement with benefits.

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History of this topic

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
1 month ago

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

Live Law  

Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of Rajasthan …

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
1 year, 1 month ago

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court

Live Law  

The Bombay High Court recently observed that the effect of reduction in pay scale of a state government servant, as a form of punishment, does not extend beyond the period of employment and impact post-retirement benefits. Provisions of Rule 5 would be applicable during the period when an employee is in service and not to the benefits once he retires …

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient
3 years, 1 month ago

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

Live Law  

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport …

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]
5 years ago

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]

Live Law  

The High Court of Kerala observed that there is no scope of interference in disciplinary action against officer in judicial service if there is sufficient evidence for showing unsatisfactory conduct. In the instant case the petitioner, one Mr. V. Jayakumar, former Judicial First Class Magistrate, Pathanamthitta, was compulsorily retired under Rule 13A of the Kerala Judicial Service Rule 1991. The …

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]
9 years, 3 months ago

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]

Live Law  

We are of the considered opinion that every employer must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit, the bench said.Supreme Court of India has. We are …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

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