Service -- In service jurisprudence, service rules are liable to prevail - There can be Government resolutions being in consonance with or expounding the rules, but not in conflict with the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A, 11 -- Violation of ad interim injunction order - Double jeopardy - Defendant contended that since action U.O.39.R.2-A CPC is already taken against him, taking further action U.O.39.R.11 CPC would amount to double jeopardy - Principle of double jeopardy would be applicable in service or criminal jurisprudence and would not be..........
Service -- PIL not entertained with regard to service jurisprudence...........
Constitution of India, 1950, Article 14 -- 16, Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2018, S.3 - Ratnaprabha Committee Report - Challenged - On the ground that collection of data was on basis of groups A, B, C and D as opposed to cadres - As..........
Service jurisprudence -- Contractual appointment - It is neither made against a particular post nor on pay scale - If advertisement as well as appointment was made initially for limited period, nature of appointment cannot be termed as contractual appointment, but it is a Tenure Post...........
Service jurisprudence -- Term temporary, ad hoc and contractual appointments are used in contradiction to regular and permanent appointment - But term ad hoc and contractual appointment cannot be interchangeably used...........
Service Law -- Major penalty - Need of full fledged inquiry - Held, in service jurisprudence, minor punishment is permissible to be imposed while holding inquiry as per procedure prescribed for it but for removal, termination or reduction in rank, a full fledged inquiry is required otherwise it will be violative of provisions of Art.311 of the Constitution of India...........
Service -- Misconduct - Unauthorized absence from duty for six months - Termination of service - Doctrine of proportionality is well recognized concept of judicial review in our jurisprudence - A reasonable employer is expected to take into consideration measure, magnitude and degree of misconduct and all other relevant circumstances and exclude irrelevant matters before..........
Service -- Service jurisprudence - All applications to higher authorities be routed through head of the department where he is working - This rule is mandatory - Object and the purpose appears to be that the head of the department should know the grievance, if any, of his employee which he is trying to project before a superior forum and it could also be in cases where the..........
Service jurisprudence -- Seniority - It may not be a fundamental right, but is a civil right - Infringement of the said civil right would be permissible only if there exists any rules validly framed under a statute and/or the proviso appended to Article 309 of the Constitution of India - It cannot act in a vacuum - Any rule taking away such rights would deserve strict..........
