Harassment of Agriculturists

“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram.   It […]

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Pension is Not a Bounty II

“The right to property [Article 31(1)] covers the right of a public servant to receive pension [Deokinandan Prasad, (1971) 2 SCC 330; D.S. Nakara, (1983) 1 SCC 305]. Even after the repeal of Article 31(1) [The Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979] the right to receive pension has been held to be a right […]

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Reservation in Appointment/Promotion

“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such […]

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The Revival of Ray XXXV

“Erusian Equipments and Chemicals Ltd. v. State of West Bengal, 1975 (1) SCC 70 and Raghunath Thakur v. State of Bihar, 1989 (1) SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P.,(2001) 8 SCC 604 and B.S.N. Joshi […]

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Prospective Resignation

“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled that normally, until the resignation becomes effective, it is open to an employee to withdraw his […]

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Disciplinary Proceedings

“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged that, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, […]

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Moral Turpitude II

“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon the facts and the circumstances of the case. Ordinarily, the tests that can be applied for judging an offence involving moral turpitude are: a) […]

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