Judgments and Legal News of Supreme Court of India and Punjab & Haryana High Court
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Letter of acceptance of resignation was an internal communication and the employee was not communicated about that--Thus, withdrawal of resignation was before communication of its acceptance..
Supreme Court
On mere grant of sanction for prosecution, it could not be said that the prosecution for a criminal charge is pending against the Government Servant..
Stigmatic Order--Contractual Employee--Opportunity of being heard has to be given..
Seniority cannot be granted to promoted employees from past date when they were not even the part of the cadre..
Once the termination order is set aside then the employee is deemed to be in service...
Contractual Employee--Services of contractual employee was terminated with an immediate effect as per governing rules--Order mentioned stigmatic words--Thus, stigmatic orders cannot be passe..
Thereafter to sit till late evening to complete the work is no justification to contend that the work did not suffer..
Punishment cannot be applied retrospectively--Date of passing order of compulsory retirement shall be treated as the Date of Retirement..
Punjab & Haryana High Court
It would tantamount to a punitive action--State cannot recover excess amount paid to the ex-employee after the delay of 10 years..
Examination of the common witnesses in the departmental proceedings are not required to be stayed till the said witnesses are examined in the criminal proceedings, if it does not involve any..
Not mandatory to conduct a departmental inquiry before taking any disciplinary action, if the employee has been convicted on a criminal charge involving moral turpitude..
Punjab Police--Reinstatement after acquittal in criminal cases--In case of honorable acquittal/exoneration full back wages are payable--In other cases, to be determined by competent authorit..
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