Service -- Wrongful order passed by quasi judicial authority - Delay in initiating departmental proceedings - Where there is unexplained inordinate delay in initiating departmental proceedings despite alleged misconduct being within knowledge of department, but still no departmental proceedings are initiated, chargesheet issued can be quashed...........
Service -- Change of cadre - If a government employee holding a particular post is transferred on public interest, he carries with him his existing status including seniority to the transferred post - However, if an officer is transferred at his own request, such a transferred employee will have to be accommodated in the transferred post, subject to the claims and status..........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
Service -- Selection process - Disqualification - Appellants were declared disqualified and were ousted from selection process on the premise that they were holding Master's degrees in different subjects, whereas rules and advertisement clearly provided that required degree should be at graduate level only - However, special reference to Master's degree is given in FSS..........
Service -- For a person to claim employment under any organization, a direct master servant relationship has to be established on paper...........
Service -- Master servant relationship - Merely on the basis of one document showing that respondents were posted at various places doing different nature of work, would not establish master servant relationship...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Service -- Pensionary benefits - Denial of pensionary benefits to an employee must emanate from any rule enabling government for such denial...........
Service -- Pensionary benefits - Denied on the ground of unauthorized absent from service - When services have been regularized by treating the same as extraordinary leave, same cannot be treated as unauthorised leave for denying pensionary benefits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
