Reinstatement Archives

‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty

Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.

Case Briefs Supreme Court

SC partly closes suo motu petition after MP HC conditionally reinstates 4 of 6 terminated female judicial officers

Regarding the reinstatement of other two judicial officers, the Court will hear the matter on 24-09-2024, as the Full Court decided to not revoke their earlier resolutions and would place the adverse remarks and other materials against them before the Supreme Court in a sealed cover.

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

‘Dispensing with inquiry should be an exception and not the rule’; P&H HC grants back wages to police officers who were reinstated after their dismissal

The Court observed that this was not the isolated case where the jurisdictional SSP of State had dispensed with inquiry. As soon as an FIR was registered against the police official, the jurisdictional SSPs opted to dispense with inquiry.

Case Briefs High Courts

Bombay High Court reinstates government employee terminated by State issuing a stigmatic order without conducting enquiry

The Court referred to MAT’s finding that the petitioners were empowered to terminate the services of a probationer in case of misconduct, provided that such misconduct is proved after an opportunity of being heard is availed to the respondent. However, the same was not followed by the petitioners.

Case Briefs High Courts

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”

Case Briefs High Courts

‘Not practised any fraud’; Calcutta High Court sets aside RPF Constable’s Discharge Order and directs Reinstatement

“The term ‘serious crime’ connotes a crime beyond the ordinary, inviting a more serious major punishment than what may be given in the case of a minor omission.”

Case Briefs High Courts

Contractual employment not enforceable when contract lacks statutory governance: Madhya Pradesh High Court

Madhya Pradesh High Court noted that the petitioner had been absent for an extended period, both before and after the court’s interim orders.

Case Briefs High Courts

Punjab & Haryana High Court orders for reinstatement of employees of Gurdwara Committee who were terminated on allegations of consumption of liquor

Punjab & Haryana High Court: While allowing the instant petition filed against the order, whereby the services of the petitioners were terminated

Case Briefs Supreme Court

Supreme Court reinstates All India Chess Federation secretary Bharat Singh Chauhan till August 15 to ensure smooth holding of the prestigious Chess Olympiad-2022

Supreme Court: The Division Bench comprising M.R. Shah and Aniruddha Bose, JJ., reinstated All India Chess Federation (AICF) secretary Bharat Singh Chauhan

Case Briefs Supreme Court

‘Can’t allow mass absorption of over 11,000 workers based on a flawed Report’. SC forms new Committee to put an end to the long drawn LIC versus temporary employees battle

Supreme court: In a long ongoing battle between Life Insurance Corporation of India (LIC) and its temporary/badli/part-time employees over claim for absorption,

Case Briefs High Courts

Guj HC | Court directs reinstatement of employee alleged of corruption charges; termination order quashed

Gujarat High Court: Biren Vaishnav, J. allowed a petition which was filed challenging the order of termination passed by the respondent –

Case Briefs Supreme Court

Bank Employees misappropriate funds. Confession by one leads to mild penalty; No evidence against another leads to dismissal! SC directs reinstatement

Supreme Court: In a case where a bank employee was dismissed from services despite lack of evidence, the bench of KM Joseph

Case Briefs

Jhar HC | No protest by a delinquent servant for charges being vague doesn’t save the enquiry from being vitiated; HC emphasises on fair play in departmental proceedings

Jharkhand High Court: Deepak Roshan, J., partly allowed the challenge against the order of the Disciplinary Authority whereby the petitioner had been

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

Case Briefs High Courts

Jhar HC | Conclusion of Departmental proceeding on the ground of conviction by Trial Court; will subsequent acquittal by High Court affect the outcome of departmental proceeding?

Jharkhand High Court: Sanjay Kumar Dwivedi, J. while holding the reason assigned by the Director-General of Police (DGP) while rejecting the claim

Case Briefs Supreme Court

“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service: Supreme Court

When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.

Case Briefs Supreme Court

Wrongful termination| Reinstatement with full back wages not automatic in every case, holds Supreme Court

Supreme Court: The bench of R. Subhash Reddy* and Sanjiv Khanna, JJ has held that reinstatement with full back wages is not

Case Briefs Supreme Court

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “