Punjab Ayurvedic (Group 'A') Service Rules, 2008, Rule 5(3), Punjab Civil Services ( General & Common Conditions of Service) Rules, 1994, Rule 18(1)(b) -- Promotion - Seniority - cum - Merit - Statutory rules - Executive instructions - Provisions of Rules provide for promotion by way of seniority - cum - merit - Promotion given to junior on the basis of executive..........
Punjab Co-operative Societies Act, 1961, Section 69 -- Revision - Can be filed against the order against which no appeal u/s 68 of the Act lies to the Government or the Registrar - Revision is not maintainable against the order passed by the disciplinary authority or the Appellate Authority of the Society under the Service Rules - Revision lies only against the order..........
Service -- Disciplinary proceedings - Strict adherence has to be given to the statutory provisions and principles of natural justice in an enquiry conducted against any person - Charges should be specific, definite and giving details of the incident which formed the basis of charges - No enquiry can be sustained on vague charges - Enquiry has to be conducted fairly,..........
Service -- Disciplinary proceedings - Payment of 1% commission for making payment of allowances - Such a serious charge of corruption requires to be proved to the hilt as it brings civil and criminal consequences - Employee would be liable to be prosecuted and would also be liable to suffer severest penalty awardable in such case - Such a grave charge of quasi criminal..........
Service -- Disciplinary proceedings - Vague charge - No enquiry can be conducted against the employee on such a charge...........
Service -- Dismissal - Rules provide for an appeal to Government in case of punishment imposed by an authority subordinate to the Government - It does not mean that Government cannot itself undertake the disciplinary proceedings against its officers...........
Departmental proceedings -- Punishment - Termination - Bias - Disciplinary authority - Appearing as witness - Despite being a witness and having deposed against the petitioner sat over the judgment to assess his own credibility and passed the impugned order of termination against the petitioner - Such a course held impermissible - Bias is a state of mind - It is very..........
Departmental proceedings -- Termination - Principles of natural justice - Extraneous material - Reliance by disciplinary Authority - Document relied upon was not part of enquiry proceedings and it came into existence after 6 months of submission of enquiry report - The action of the respondent is contrary to the fundamental principles of natural justice - The impugned..........
Departmental proceedings -- Termination - Appellate order - Bias - The Appellate Authority decided to reject the appeal even without considering the facts and pleas raised by the petitioner in the memo of appeal with a pre - determined biased mind on the recommendation of the Disciplinary Authority - Independent mind not applied by the Appellate Authority - The entire..........
Service -- Order of affirmation - Order must contain some reasons, at least in brief, so that one can know whether the appellate authority has applied its mind while affirming the order of the disciplinary authority...........
