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

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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 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 Central Administrative Tribunal setting aside Singh's compulsory retirement was upheld. The order was dictated thus, "In the present case, the learned CAT set aside the order of compulsory retirement passed against the petitioner.and the High Court under the impugned judgment has upheld the order of the Tribunal.

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History of this topic

Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension
1 month, 3 weeks ago

Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension

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The Punjab & Haryana High Court has taken a stern stand on the failure of the Union Government to grant disability pension to a retired Armed Forces Officer following the Supreme Court's directions.In an order passed on January 23, a bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "In another three days, we are going to …

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, 1 week 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 …

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss
3 months, 3 weeks ago

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

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The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the …

Union Govt Approaches Supreme Court Against HC Quashing Compulsory Retirement Of Chhattisgarh IPS Officer Gurjinder Pal Singh
3 months, 3 weeks ago

Union Govt Approaches Supreme Court Against HC Quashing Compulsory Retirement Of Chhattisgarh IPS Officer Gurjinder Pal Singh

Live Law  

While hearing the case relating to compulsory retirement of Chhattisgarh IPS officer Gurjinder Pal Singh, who is facing accusations of corruption, extortion and sedition, the Supreme Court today asked the Union if the limited scope of judicial review prevents Courts from considering allegations of frame-ups. A bench of Justices Roy and Bhatti was dealing with the Union's challenge to a …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
4 months, 3 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

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The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

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The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Consider Magnitude & Degree Of Misconduct Before Imposing Punishment: Jharkhand HC Reinstates CRPF Personnel Dismissed For Absence, Orders Reconsideration
11 months ago

Consider Magnitude & Degree Of Misconduct Before Imposing Punishment: Jharkhand HC Reinstates CRPF Personnel Dismissed For Absence, Orders Reconsideration

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In a recent case, the Jharkhand High Court emphasized the importance of considering various factors before imposing punishment in disciplinary proceedings. Of course, it is the duty of the employee like the petitioner that too in a disciplined force to join immediately on the duty place, once leave period is exhausted.” “But at the same time, it is also the …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

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Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Compulsory Retirement Order Can Be Set Aside If It's Found To Be Punitive & Was Passed To Circumvent Disciplinary Proceedings : Supreme Court
2 years ago

Compulsory Retirement Order Can Be Set Aside If It's Found To Be Punitive & Was Passed To Circumvent Disciplinary Proceedings : Supreme Court

Live Law  

The Supreme Court, on Friday, set aside an order passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, communicating the order of the President, to compulsorily retire a Gazetted Officer who was being considered for appointment as a Member of the Income Tax Appellate Tribunal. Holding the order of compulsory retirement to …

Supreme Court Requests Chattisgarh HC To Decide Suspended IPS Officer's Bail Plea In Corruption Case Expeditiously
2 years, 10 months ago

Supreme Court Requests Chattisgarh HC To Decide Suspended IPS Officer's Bail Plea In Corruption Case Expeditiously

Live Law  

The Supreme Court on Wednesday requested the Chattisgarh High Court to expeditiously dispose of suspended Additional Director General of Police Gurjinder Pal Singh's bail plea in case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets. Recording the same, a bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli disposed of the …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 10 months ago

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court

Live Law  

The Rajasthan High Court recently affirmed the order passed by the Central Administrative Tribunal that upheld compulsory retirement of an IPS officer and observed that compulsory retirement is not a punishment and does not require observation of principles of natural justice. The subjective decision of the government in public interest arrived at after considering entire service record of the petitioner, …

Supreme Court Refuses Protection To Suspended Chhattisgarh IPS Officer In Corruption Case
3 years, 2 months ago

Supreme Court Refuses Protection To Suspended Chhattisgarh IPS Officer In Corruption Case

Live Law  

The Supreme Court on Monday refused to grant protection to suspended Additional Director General of Police Gurjinder Pal Singh in a case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli dismissed Singh's special leave petition filed against Chattisgarh High Court's. The Supreme …

Supreme Court Dismisses Pleas Challenging Appointment Of Dinkar Gupta As Punjab DGP
3 years, 4 months ago

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Live Law  

The Supreme Court on Tuesday dismissed the special leave petitions filed challenging the Punjab and Haryana High Court's order of upholding the appointment of Dinkar Gupta as the the Director General of Police of PunjabThe bench of Justices L Nageswara Rao, Sanjiv Khanna and BR Gavai dismissed the petitions filed by IPS Officers Siddharth Chattopadhyay and Mohammad Mustafa, who challenged. …

"There Cannot Be Compulsory Retirement Proof Employee": Delhi High Court Denies Relief To IRS Officer; Cites 'Doctrine Of Pleasure'
3 years, 6 months ago

"There Cannot Be Compulsory Retirement Proof Employee": Delhi High Court Denies Relief To IRS Officer; Cites 'Doctrine Of Pleasure'

Live Law  

Denying relief to Ashok Kumar Aggarwal, an IRS Officer of 1985 batch, the Delhi High Court on Wednesday observed that there cannot be a 'compulsory retirement proof employee'. Compulsory retirement may have some adverse effect upon the employee but if the Review Committee is of the opinion that in the interest of public his services should be brought to an …

Union Of India Not Being Represented Properly Before Court In UP: Allahabad High Court Issues Notice To ASGI
3 years, 6 months ago

Union Of India Not Being Represented Properly Before Court In UP: Allahabad High Court Issues Notice To ASGI

Live Law  

The Allahabad High Court on Thursday observed that matter of the Union of India remains unattended before the Court and that it appeared that in the State of Uttar Pradesh, the Union of India is not being represented properly and therefore, issued a notice to the Additional Solicitor General of India.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice …

Supreme Court Weekly Round Up
6 years, 1 month ago

Supreme Court Weekly Round Up

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Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit The Supreme Court observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of suit. The bench …

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]
7 years ago

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]

Live Law  

On getting retired, they have to struggle for the due pension, the bench observed.While allowing an appeal preferred by the Union of India against a high court order that had favoured a retired railway employee, the Supreme Court recommended the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

Supreme Court Weekly Round-Up
8 years, 7 months ago

Supreme Court Weekly Round-Up

Live Law  

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective …

Supreme Court Weekly Round-Up
8 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

Supreme Court Weekly Round-Up
8 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

Supreme Court Weekly Round Up
9 years, 6 months ago

Supreme Court Weekly Round Up

Live Law  

JudgmentsIn a split verdict, relating to payment of compensation under the Land Acquisition Act, 1894 for the solatium should be from the date of acquisition or from date of pronouncement of the constitution bench judgment in Sunder, a bench of Justices V. GopalaGowda & Adarsh Kumar Goel referred the matter to a 3 judge bench. A two Judge Bench of …

Supreme Court Weekly Round Up
9 years, 6 months ago

Supreme Court Weekly Round Up

Live Law  

JudgmentsIn a split verdict, relating to payment of compensation under the Land Acquisition Act, 1894 for the solatium should be from the date of acquisition or from date of pronouncement of the constitution bench judgment in Sunder, a bench of Justices V. GopalaGowda & Adarsh Kumar Goel referred the matter to a 3 judge bench. A two Judge Bench of …

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