Service -- Withholding of 10% pension on ground of pendency of criminal proceedings - State unjustified in withholding pension of appellant under administrative Circulars, as right to pension cannot be taken away by a mere executive fiat or administrative instruction - However, after R.43(c) inserted in Bihar Pension Rules, State is empowered to legally withhold 10% of..........
Service -- Withholding of full gratuity on ground of pendency of criminal proceedings - Term `pension' includes `gratuity' as per R.27 of Bihar Pension Rules - Gratuity thus, cannot be withheld under administrative circulars - However, in view of R.43(c) of Bihar Pension Rules, State is directed to release 90% of gratuity payable to appellant - Balance 10% will be..........
Service -- Promotion - Post of Principal in polytechnic college - Whether Ph.D is mandatory qualification or not - Candidate without Ph.D would compulsorily need 10 years experience for HOD and would need to work further 3 years in that capacity i.e for minimum of 13 years experience to become Principal - Whereas, candidate with a Ph.D can apply for principal-ship within..........
Service -- Promotion - Post of Principal in polytechnic college - Eligibility conditions - 2016 AICTE Notification whether clarificatory for eligibility conditions incorporated in 2010 AICTE Regulations - Notification is a response to doubts put forth to AICTE by public - There is no retrospective alteration in qualification prescribed for post of Principal - Moreover, in..........
Service -- Promotion - Post of Principal in polytechnic college - Eligibility conditions - Appellants do not possess Ph.D - However, they satisfied the requirement of having 15 years of experience under 2014 Rules and found suitable for promotion by Departmental Promotion Committee on basis of various other material - Appellants also found in possession of one of..........
Service -- Re-fixation of salary - Determination - Re-fixation of salary is entirely different from recovery of excess amount - Re-fixation of salary can only be done by Authority after following rules of natural justice - Employee is entitled to know as to on what account, Authority are proposing to re-fix the salary so that, employee can defend or object to proposal of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
Prevention of Money Laundering Act, 2002, Section 8(4), Constitution of India, 1950, Article 300A -- Attachment of property - Person who has purchased the property using proceeds of crime cannot said to have any interest in the property and protection u/art 300-A of Constitution cannot be pressed into service by a perpetrator of crime...........
Service -- Misconduct - Dismissal from service - Judicial review - Power of judicial review is confined to decision making process - Power of judicial review conferred on constitutional Court or on Tribunal is not that of an appellate authority...........
Service -- Misconduct - Dismissal from service - Inquiry officer appreciated evidence and returned a finding that respondent is guilty of misconduct - Disciplinary authority agreed with findings of enquiry officer and passed an order of punishment - Tribunal or High Court could not interfere with finding of facts recorded by re-appreciating evidence as if Courts are..........
