Service -- Appointment - Validity - Appointment of appellant made by selection Committee constituted under statutory Rules after calling names from employment exchange - More so, no proceedings were initiated either by any candidate or by appointing authority questioning appointment to appellant - Appointment of appellant thus, cannot be said to have been made in..........
Service -- Post of Junior Accounts clerk - Appointment of appellant was terminated due to one `S' having been reverted to his original post of Junior Accounts clerk, as promotion of `S' is cancelled - Both appellant and said `S' filed separate writ petitions challenging said order - When writ petition of appellant challenging his order of termination came for..........
Service -- Post of Junior Accounts clerk - Re-instatement or reappointment - Termination due to one `S' reverted to his original post of Junior Accounts clerk - Appellant was reinstated on the post because vacancy on which he was appointed became available by interim order obtained by `S' - Although in the Court order it refers as an order of reappointment, but in essence..........
Service -- Appointment - Post of Junior Accounts clerk - When `S' being promoted as Assistant Accountant and never returned to his original post of junior Accounts clerk till superannuation, and appellant continued to work on post of Junior Accounts clerk, it will be taking a too technical view that vacancy of original post shall come to an end by dismissal of writ..........
Service -- Dismissal from service - Allegation of sexual harassment - Testimony of complainant herself reveals that she know as to who scribbled offending words on her car - In her testimony, she herself states that petitioner and she were good friends - Even, while deposing before Inquiry Officer, neither there is any imputation qua petitioner by complainant nor even..........
Service -- Selection process - Challenge as to - Principle of estoppel prevents a candidate from challenging selection process after having failed in it - However, where a candidate alleges misconstruction of statutory rules and discriminating consequences arising therefrom, same cannot be condoned merely because a candidate has partaken in it - Constitutional scheme is..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bailable offence - Plea of anticipatory bail which is only in respect of no, bailable offences, is redundant and cannot be pressed into service in respect of bailable offences - Proper remedy for petitioners is to move competent Court concerned for bail as per S.436 Cr.P.C., which is for bailable offences...........
Armed service -- Misconduct - Court of inquiry proceedings - Non-furnishing of copy of one man inquiry report - One man inquiry report was basis for initiation of Court of Inquiry proceedings - Admittedly, one man inquiry report was not furnished to appellant - Without report of one man inquiry, appellant was certainly disabled from effectively defending himself in Court..........
Medical Negligence - - Withholding of medical record - Professional misconduct - Total blindness of pre-mature baby due to negligence of hospital - Withholding medical records of premature baby, for a period of 2 years, would constitute grave professional misconduct u/regul. 7, apart from being a gross deficiency in service on part of Hospital and its Management...........
Medical Negligence - - Premature delivery - Retinopathy of prematurity (ROP) not done - Compensation - Baby was born with ROP - ROP is a visually progressive decease which can be treated successfully if diagnosed in time - ROP was neither advised not carried out by Hospital or Appellant No.4/doctor, throughout the period of hospitalization of baby or even after discharge -..........
