Service -- Biometric Attendance System - When introduction of Biometric Attendance System is for benefit of all stakeholders, merely for the reason that employees were not consulted before implementing the same does not render the introduction of system to be illegal...........
Service -- Biometric Attendance System - Once employees have no restriction on introduction of Biometric Attendance system, no controversy in this regard survives and department can very well go ahead with the implementation of said system...........
Service -- Compassionate appointment - Father of respondent No.2 would be deemed to have died a civil death upon expiry of 7 years from the date he went missing i.e. 1.9.2019 - Despite having gone missing employee was treated to be in continuous service and he duly retired on 31.1.2015 - Family members were paid all retiral dues and have also been receiving monthly pension..........
Service -- Dismissal - Charges have not been found to be proved conclusively against appellant - When findings of Enquiry Officer were perverse basing on completely misleading of materials produced before Enquiry Officer, Tribunal was fully justified in setting aside order of penalty - Incident happened in 1988 that is more than 37 years back and meanwhile, delinquent..........
Service -- Termination - Termination was effected on the ground of appointments having been made in excess of vacancies - However, advertisement specifically indicated that there could be an increase or decrease of vacancies - It indicates that Appointing Authority intended that a wait list be maintained so as to fill up the vacancies arising in excess of those notified,..........
Service -- Appointment - Wait list - Mere placement in the wait list does not create any vested right for being so appointed - Right to be considered for appointment would spring only in the contingency of a selected candidate not joining on his post - Wait list operates for a limited period and it cannot extend for an indefinite period and in any event after a fresh..........
Service -- Appointment - Wait list - Any right that candidate could claim as a wait listed candidate extinguished when all the selected candidates joined on their respective posts...........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal in exercise of its power u/s 15(6) of Act, on the established fact of recovery of ammunition from possession of appellant, has taken a lenient view in favour of appellant and has modified the punishment from dismissal to compulsory retirement with all pensionary and retiral benefits -..........
Service -- Termination - Employee cannot be held guilty of a different charge in respect of which he is not put to show cause notice - Finding of guilt which is at variance with original charge, without proper opportunity to respond offends due process and renders any order or action unsustainable...........
Service -- Appointment - Method of calculation of percentage of marks on mark sheet - In the absence of a bar or an alternate method provided by any law, method provided on marksheet has to be followed...........
