FIRST LAW

SUPREME COURT OF INDIA | L. Nageswara Rao & Hemant Gupta, JJ. Secretary Managing Committee BSMPG College Roorkee v. Samrat Sharma, C.A. 6189 of 2019 08-08-2019 Service Law - University - Departmental Enquiry - Judicial Review - It is the decision making process and not the decision itself which can be the subject matter of judicial review. Interference by the courts can only be in cases where there is no evidence. Sufficiency of evidence for proof of the charges against delinquent officers is completely within the domain of the administrative authority. Courts cannot re-appreciate the evidence to come to a different conclusion. Interference with the penalty imposed on delinquent officers is permissible only when it shocks the conscience of the court. The High Court committed an error in reappreciating evidence in coming to the conclusion that the charges against Respondent No.1 were not established. It is well settled law that it is the decision making process...

Practice and Procedure - The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of the case.

SUPREME COURT OF INDIA | Uday Umesh Lalit & Hemant Gupta , JJ. State Bank of India v. Ravindra Nath, C.A. No. 12367 of 2017 12-02-2019

Judicial Review - Legitimate expectation is one of the grounds of judicial review but unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right.

Industrial Disputes Act, 1947 - Section 25 (H) –  Industrial Disputes (Central) Rules, 1957 - Rule 78 -  Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service” -  The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations.

A case ought not to have decided on the weakness of defence and it is the duty of claimant to plead and prove his case and Court should not blindly rely upon the averments made in the plaint/claim petition even in absence of counter affidavit/written statement.

Service Law - Once the allowances and other benefits and facilities are allowed to teachers or any other employee, it cannot be withdrawn or reduced. Therefore, the question of recovery which was adopted by the Government goes against the principle of natural justice of law.

Service Law - A staff should not be suspended or departmental proceedings should not be drawn on mere absence from duty.

Service Law - Teachers - Government should remember that teachers should not be considered as beggars, they are one of the most respected citizens of the country and the backbone of the society. It is also known to all of us that in different parts of the world, teachers are respected and well paid.

Service Law - the allegation of unauthorized absence from duty, by the petitioner, could, in view of the evidence that led before the IO, be said to have been established only to the extent of violation of a technical requirement of obtaining prior sanction before proceeding on leave; however, no punishment of removal from service could be justified thereon.

Service Law -  Lawyer’s Assistance  in the Departmental Proceedings  -  Lawyer’s assistance can never be claimed as of right, unless specifically provided in the rules governing the enquiry.

Service Law - O rder of Punishment of Dismissal -  S enior booking clerk at CST Mumbai - S old a second class ordinary single journey fake ticket -  Considering the gravity and seriousness of charges as well as the conduct of the petitioner in his defence, do not deem this to be a fit case for interference.

Service Law - Resignation from service made by a person can be withdrawn before its acceptance by the competent authority and before it takes effect.

Kerala State and Subordinate Services Rules, 1958 -  Rule 8 -  Members absent from duty -  the absence of the petitioner in KSEB on account of his appointment in the Irrigation Department, could not have been an impediment for his appointment back in the KSEB.

Constitution of India -  Article 309 -  Punjab Superior Judicial Service Rules, 2007 - M erely because the name of a candidate finds a place in the select merit list does not given an indefeasible right to appointment as well and it is always open to not even fill up a vacancy.

Service Law - Whether fine can be imposed after retirement of an employee unilaterally and adjust the said fine from the amount due to him towards arrears of salary.

Service Law - The order to the extent it directs reversion of the petitioner to the post of Special Assistant as well as reduction of her pay to the lowest stage of the reverted post is set aside, with liberty to the respondents to award a punishment in accordance with clause 37 of the Standing Orders.  The writ petition is disposed of accordingly.

Constitution of India - Article 226 - While exercising powers u/A 226 of the Constitution, the Court should consider the substance of the matter rather than mere form or technicality. 

Service Law - Merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing No. 865-GAD of 2015 dated 30 th  of June, 2015, is quashed.

Service Law - Recruitment Process - Eligibility Criteria - Post of Psychologist -  Any part of the advertisement which is contrary to the statutory rules has to give way to the statutory prescription.  Thus, looking to the qualification prescribed in the statutory rules, appellant fulfills the qualification and after being selected for the post denying appointment to him is arbitrary and illegal. It is well settled that when there is variance in the advertisement and in the statutory rules, it is statutory rules which take precedence.