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Thursday, February 28, 2013

Summary and Ratio of Delhi High Court Cases- II




GENERAL MANAGER, CANARA BANK & OTHERS v. KULDEEP RAJ SHARMA [1]
Under Regulation 15 (2) r/w Regulation 15(3)(b) of the Canara Bank Officer Employees’ (Conduct) Regulations, an employee is only entitled to be granted such proportion of pay and allowances as the competent authority may direct. In this case, the respondent was not entitled to the grant of full pay to which he would have been entitled had he not been suspended.
Normally, the period of absence from duty in such cases is not to be treated as a period “spent on duty”. It is only in cases where the competent authority specifically directs that such period of suspension should be treated as having been “spent on duty” that the competent authority is required to give reasons in writing. No reasons are necessary when the period of suspension in cases falling under sub-Regulation 15(2) is treated as “not spent on duty”.

GOVIND SINGH RANA AND ORS v.
NATIONAL TECHNICAL RESEARCH ORGANISATION [2]
While making contractual appointments preference should be given to those who have worked as daily wage employees and even within the daily wage employees preference would be as per length of service rendered.
This would mean that some kind of a seniority list of daily wage employees should be drawn up. While making contract appointment, if found suitable, employment would be offered on contract basis giving preference to the old hands.

MAHIPAL SINGH v. UOI & ORS [3]
Under Rule 8(d)(ii) of the Delhi Police Punishment and Appeal Rules 1980,  the Disciplinary Authority could choose to inflict the penalty entailing reduction in pay (but not permanently) or deferment of an increment (temporarily or permanently).

ARUNA MEENA v.UNION OF INDIA AND ANR [4]
Beyond the cut-off date prescribed in an advertisement, by which necessary documents and information have to be made available; the date being sacrosanct, if by the cut-off date relevant documents are not supplied the candidate concerned not to be treated as eligible.

MUKESH KUMAR YADAV AND ANR v. GOVT.OF NCT OF DELHI & ORS [5]
Whenever cut-off dates are prescribed and it specifies that not only the applications but annexures thereto have to be filed on or before cut-off date any corrective action after the cut-off date would be irrelevant.

PURAN SINGH v. DIRECTOR, DIRECTORATE OF PRINTING & ORS [6]
It is settled law that if a person has a good cause for non- appearance on a particular date, past conduct has to be ignored. Thus, the inevitable conclusion has to be that the report of the Inquiry Officer is vitiated inasmuch as the inquiry has been concluded post haste and the petitioner was prevented from a cause beyond his control to appear before the Inquiry Officer.


LAXMI NARAIN v. UNION OF INDIA [7]
There is no legitimate expectation of a person who is a casual labourer or a contractual employee for regularization inasmuch as there cannot be any assurance by the Government or its instrumentalities to give a regular status or a confirmed temporary status to such employees which violates the constitutional mandate.


GURU NANAK PUBLIC SCHOOL V. ARJUN [8]
Section 25 of the Delhi School Education Act excludes the jurisdiction of the civil court in respect of matters in relation to which the authorities under the said Act are empowered to act. The Courts/tribunals established under the I.D. Act are not Civil Courts.
The remedies available under Delhi School Education Act and I.D. Act are concurrent. Exclusion of jurisdiction of the Courts/tribunals under the I.D. Act cannot lightly be inferred. The respondent could have elected to invoke its remedy under the Delhi School Education Act, or under the ID Act. Since he had made his election to invoke the remedy under the ID Act, he cannot be denied the relief thereunder only because he could have also sought his remedy under the Delhi School Education Act.

BIRENDER SINGH SHEKHER V. UOI AND ORS [9]
The ground of alleged arbitrariness or unfairness in regard to the procedure adopted by the confirming officer, by not putting the petitioner to notice about the likelihood of an adverse noting in the opinion of the Court is not made out as the concerned authority under Rule 106 of BSF Rules, 1969 has to “record its decision”. Therefore, while responding to the notice under Rule 21, the petitioner was not dealt with unfairly and that he had full opportunity to question the observations and recommendations made by the Inspector General/competent authority. Those observations were of a prima facie nature.





[1] W.P.(C) No.7383/2009
[2] W.P.(C)  2412/2012
[3] WP(C) 2773/1999
[4] W.P.(C)  4724/2012
[5] BAIL APPLN.  508/2012
[6] W.P.(C)  7371/2000
[7] W.P.(C) 3236/1996
[8] W.P.(C) 67/2013 & C.M. Nos.131-132/2013
[9] W.P. (C) 5874/2000

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