Service -- Selection process - Post of constable - Physical Test - Respondent not participated in physical test due to ill health despite having qualified in first tier of selection process - He alone sought for rescheduling of date of physical test - However, no effort was made by respondent to remain physically present on scheduled date of physical test - Nature of..........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Service -- Recruitment - Reserved category candidates who are more meritorious than last elected candidate under general category and who have availed relaxation in a qualifying examination to become eligible for main selection process, cannot be excluded from consideration under general category in the absence of any express prohibition in recruitment Rules/notification -..........
Service -- Punishment - Post retirement - Disciplinary proceedings initiated during service against an employee can be continued after retirement if extant service Rules/Regulations permits so - Where pursuant to such proceedings ultimate penalty imposed is of dismissal there may be no technical difficulty in its implementation as it may result in forfeiture of pension and..........
Service -- Punishment - Post retirement - Punishment awarded is of reducing pay scale by three stages on permanent basis - Such reduction in pay scale would relate back to date the incumbent superannuated from service - Ordinarily, pension is computed based on salary last drawn/payable - Therefore, it would not be difficult to implement such a punishment as pension can be..........
Service -- Disciplinary proceedings - Inquiry report - Charge No.2 was partly proved as per inquiry report - There is no challenge to findings of inquiry officer - Neither there is any perversity in finding returned by Inquiry Officer nor it is appropriate to permit appellant to question the merit of findings of inquiry officer particularly when no such plea was pressed..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
