In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]
Read more "Disciplinary Proceedings XI"A ‘stigma’ is indicative of a blemish, disgrace indicating a deviation from a norm. Where there is a discharge from service after prescribed probation period was completed and discharge was not based solely on assessment of employee’s work and conduct during probation, termination was held to be ‘stigmatic’ and punitive [Jaswantsingh Pratapsingh Jadeja v. Rajkot […]
Read more "Stigma"Section 4(6)(b)(ii) of The Payment of Gratuity Act, 1972 enables ‘forfeiture of gratuity’, wholly or partially, if delinquent employee is terminated for any act which constitutes an offence involving ‘moral turpitude’, if offence is committed in course of his employment. The provision of ‘forfeiture of gratuity’ does not speak of a conviction in a criminal proceeding. […]
Read more "Moral Turpitude IV"The idea of compassionate appointment is not to provide for endless compassion [I.G. (Karmik) v. Prahalad Mani Tripathi, (2007) 6 SCC 162]. Any appointment without considering financial condition of the family of a deceased is legally impermissible [Union of India v. Amrita Sinha, (2021) 20 SCC 695]. The right to apply cannot be exercised at […]
Read more "Compassionate Appointment VII"It is a disconcerting reality. Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1 is often misinterpreted or misapplied to deny legitimate claims of long-serving employees. Government often cites and distorts Uma Devi’s spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades. Where appointments were not ‘illegal’ […]
Read more "Misinterpretation of Uma Devi"It is well settled, where a ‘citizen aggrieved’ by an action of Government Department has approached Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended benefit without need for them to go to Court [Amrit Lal Berry v. Collector of Central Excise, New Delhi, (1975) 4 SCC […]
Read more "Aggrieved Person III"The eligibility criteria for being placed in select list, notified at commencement of recruitment process, cannot be changed midway through recruitment process. Even if such change is permissible under extant rules or advertisement, change would have to meet requirement of Article 14 and satisfy test of non-arbitrariness. K. Manjusree, (2008) 3 SCC 512 lays down […]
Read more "Referred to Larger Bench I Answered: The Rule of The Game Principle XI"Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]
Read more "Justice Dr. D.Y. Chandrachud’s Tenure"State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723; State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557; State Bank of India v. S.K. Sharma, (1996) 3 SCC 364; Union of India v. K.G. Soni, (2006) 6 SCC 794; State of Uttar Pradesh v. Man Mohan Nath Sinha, […]
Read more "Disciplinary Proceedings X"For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]
Read more "Assessment of Statute"Pt. Deendayal Upadhyaya Institute for Physically Handicapped called for appointment of Primary School Teachers and reserved a right to evaluate, review its process of selection at any stage. This one is a classic case of arbitrary action. While primary duty of Constitutional Courts remains control of power, including setting aside of illegal or arbitrary actions, such […]
Read more "The Rules of The Game Principle X"“Expressions like ‘benefit of doubt’ and ‘honourably acquitted’ are not to be understood as magic incantations. Court of law will not be carried away by mere use of such terminology. Court is obliged to examine substance.” _____ My Lord, Ram Lal altered Date of Birth from 21.04.1974 to 21.04.1972 in 8th Standard Marksheet? No. Ram Lal was a Constable […]
Read more "Honourable Acquittal VI"Himachal Pradesh Public Service Commission invited applications from eligible candidates against 8 vacancies for a post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service. Out of total 8 vacancies, 6 were ‘existing vacancies’ and 2 were ‘anticipated vacancies’. The purpose of a ‘waiting list’ is only to fill shortfall of ‘clear and anticipated […]
Read more "The Rules of The Game Principle IX"One issue in Bank of India v. Aarya K. Babu, (2019) 8 SCC 587 was, whether a particular educational qualification made eligible after issue of recruitment notification could have been considered for purposes of recruitment. Court held, if there is any change in qualification criteria after notification is issued but before completion of selection process, […]
Read more "The Rules of The Game Principle VIII"P. Zadenga was employed in State Bank of India, Dawrpui Branch, Aizawl. He was a delinquent employee and contended, disciplinary proceedings should be either dropped or closed since criminal cases, arising from same set of transactions, were pending. It may be desirable or, in certain circumstances, advisable for disciplinary proceedings to be stayed when criminal […]
Read more "Disciplinary Proceedings IX"McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]
Read more "Hudson, Emden, Eichleay"The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of […]
Read more "Non Est Factum"Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence. Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not […]
Read more "Minimum 75% in Class XII"It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are, hence, duty bound to examine allegations without being unduly hyper-technical in their approach. Bhim Rao Baswanth Rao Patil defeated K. Madan […]
Read more "Monstrosity of Winnability III"02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"
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