#Service Law

Acquittal Not a Ground for Reinstatement in service; Termination order upheld: Allahabad High Court

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The Allahabad High Court, in a significant ruling on service jurisprudence, has clarified that an acquittal in a criminal case does not automatically guarantee a police officer’s reinstatement in service. The Court highlighted that criminal trials and departmental proceedings operate on entirely different standards of proof. The Court observed that, “A departmental proceeding is different … Read more

Allahabad HC Raps Bank for Robotic Action, Sets Aside Dismissal of Employees

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The Allahabad High Court has delivered a sharp blow to robotic disciplinary actions, ruling that a bank cannot fire employees based solely on a handwriting expert’s opinion. The Court made it clear that such reports are essentially “weak evidence” and cannot simply steamroll physical proof like verified thumbprints and photos that were checked during the … Read more

Appointments Made Against Statutory Provisions Are Illegal Despite Due Selection Process: Allahabad High Court

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The Allahabad High Court, while hearing a plea challenging the validity of appointments of Assistant Teachers in a Gorakhpur-based aided institution, ruled that, “Appointments made in contravention of statutory provisions are illegal and do not confer any enforceable right.” The Court further emphasized that merely following a complete selection process under an incorrect statutory framework … Read more

Supreme Court Upholds Post-Retirement Disciplinary Proceedings; Penalties Affecting Pension Valid if Rules Permit

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The Supreme Court has clarified that disciplinary proceedings initiated during service can be continued even after retirement, provided the applicable service rules permit such continuation. The Court held that such proceedings may be taken to their logical conclusion and appropriate penalties can be imposed on the delinquent employee. The Court specifically observed that, “………if the … Read more

Seniority Cannot Be Determined by Interview Timing; Date of Appointment is the Valid Criterion: Delhi High Court

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The Delhi High Court, while hearing a dispute relating to seniority in an aided secondary school, held that the seniority of an employee cannot be determined based on the timing of the interview. The Court clarified that seniority is determined by merit, the method of appointment, and the date on which the employee entered into … Read more