Service -- Claim of higher UGC pay scale - Respondent was granted the revised pay scale - He was claiming higher UGC scale of pay after completion of 8 years of service - Rules applicable to institutions do not contain any provision that makes UGC scale of pay applicable to employees of institutions - Merely because other employee may have been erroneously granted UGC pay..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Proceedings under the Act - Domestic Incident report - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the Act - Even in the absence of Domestic Incident Report,..........
Service -- Cancellation of candidature - On the ground of suppression of information regarding registration of criminal cases - Three to four FIRs filed against petitioner culminating into criminal trials and in two cases he has been acquitted on the ground of compromise and in one case though convicted, he has been granted the benefit of Probation of Offenders Act - One..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had misconducted himself while discharging his duties as a judicial officer and had passed judicial orders in utter disregard of specific provisions of law to unduly favour subsequent purchasers of acquired lands, who had no right to claim compensation and that such orders were actuated..........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had not made any allegation with regard to violation of principles of natural justice or contravention of any statutory rules or regulations having occasioned during course of enquiry proceedings or in the decision making process - Therefore, in absence of any such allegations,..........
Judicial service -- Appointment - Extension of term - Selection Committee initially recommended extension of respondent as Judicial Member of Central Administrative Tribunal (CAT) - Thereafter, Selection Committee reviewed earlier order on additional material placed before it - Selection Committee recorded that Appointments Committee of Cabinet had returned proposal for..........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case regardless of fact whether there is a conviction or acquittal has been recorded, employee is not to be discharged/terminated axiomatically from service just by stroke of pen...........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case - At the threshold, complainant filed his affidavit that complaint on which FIR came to be registered was due to misunderstanding and he did not want to pursue his case any further but still charge sheet came to be filed and on the first date of hearing,..........
Service -- Increments granted on account of an error - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud of employee or if such excess payment was made by employer by applying wrong principle for calculating pay/allowance or on basis of a particular interpretation of rule/order which is subsequently found to be..........
