Service -- Removal from service - Due process was followed during course of inquiry - Inquiry Officer appreciated evidence led by five loanees who categorically deposed that they had paid money to respondents for coordinating sanction of their loans despite their documents being deficit - Even, respondent admitted his guilt and had sought mercy - Leniency was shown by..........
Service -- Judicial scrutiny - While creation of posts is primarily an executive function, refusal to sanction posts cannot be immune from judicial scrutiny for arbitrariness - Non-speaking rejection on a generic plea of financial constraints, ignoring functional necessity and employer's own long standing reliance on daily wagers to discharge regular duties, does not meet..........
Service -- Regularisation - Selective regularisation in same establishment while continuing some employees on daily wages despite comparable tenure and duties with those regularized is a clear violation of equity...........
Service -- Supervening structural change cannot extinguish accrued claims or pending proceedings - Successor body steps into the shoes of its predecessor subject to liabilities and obligations arising from prior regime - More so, later policy to out source Class IV/Driver functions cannot retrospectively validate earlier arbitrary refusals, nor can it be invoked to deny..........
Service -- State being a constitutional employer is held to a higher standard and therefore it must organise its perennial workers on a sanctioned footing, create a budget for lawful engagement and implement judicial directions in letter and spirit - Delay to follow these obligations is not mere negligence but rather it is a conscious method of denial that erodes..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 75 -- Non bailable warrants - Procedure to issue NBWs - Where accused have neither been arrested during investigation nor is there any material demonstrating judicial custody of accused necessary for completion of investigation or trial, Court is bound in first instance to issue summons - Only thereafter, in even of non..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Service -- Disability during service - Retirement on medical grounds must be a measure of last resort, only after employer exhausts all reasonable avenues for redeployment - This principle is inherent in the concept of "reasonable accommodation", which is now recognised as an aspect of substantive equality u/arts 14 and 21 of Constitution - Failure to explore alternate..........
