Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Service -- Employee retired before actual date of retirement - Order of retirement set aside - Services of employee not utilised - If appellant had been allowed to continue in service, he would have readily discharged his duties - Held, employee cannot be denied wages, for the period in question, on the plea of principle of "no work no pay"...........
Service -- Departmental proceedings - Dismissal from service - Procedural irregularities and violation of principles of natural justice in the departmental proceedings - Single Bench of High Court permitted University to impose any suitable punishment other than dismissal/removal from service - Division Bench of High Court, upheld the judgment - Held, University to..........
Criminal Procedure Code, 1973, Section 357A -- Compensation - Where accused had no financial position to pay compensation, injured victim can still be granted compensation under Victim compensation scheme as provided u/s 357-A Cr.P.C. by District Legal Service Authority - Case referred to District Legal Service Authority to consider for grant of compensation...........
Service -- Grant benefit of first and second financial upgradation under ACP Scheme - Petitioners are not educated people and on account of financial constraint, they did not take immediate remedies - Petitioners would not claim any interest if the benefit of first and second financial upgradations and consequent benefit are granted to them, and, thus, respondents would..........
Service -- Promotion - Personal Promotion Scheme originally floated in 1984 and superseded by schemes in 1987 and 1989 - University required express option of teachers to be promoted under 1984 scheme that they are opting out of later schemes - Appellant promoted in 1992 under 1984 scheme wrongly as he had not exercised an option in writing to be governed by the same -..........
Service -- Resignation and voluntary retirement - There is difference between resignation and voluntary retirement - Resignation has the effect of termination of an employee - Voluntary retirement though has the effect of termination of employee yet it has different consequences - In case of resignation ex-employee is not entitled to pension, whereas in case of voluntary..........
Service -- Resignation and voluntary retirement - Claim of pension - Respondent sought voluntary retirement in the year 1990 though it was considered as resignation - There was no specific provision for seeking voluntary retirement under LIC regulations, 1960 at that time - Voluntary Retirement provision was introduced by 1995 Rules u/r 31 of said Rules - Respondent..........
Service -- Disciplinary proceedings - Finding of enquiry officer on the charges vitiated on account of non compliance of statutory rules and principles of natural justice...........
Service -- Disciplinary proceedings - Back wages - In the absence of evidence the order of reinstatement sans full back wages is unjustified in law...........
