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On May 7, 1964, the respondent-State ordered a departmental enquiry against the appellant who was a temporary public servant in its service and placed him under suspension pending the enquiry. On June 6, 1964 the appellant gave a notice to the respondent resigning from service. On August 1, 1964 the appellant was asked to file a reply to the charges .against him. The appellant filed a writ petition in the High Court to quash the proceedings on the ground that, as he was no longer in t...
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% The respondent retired from State Government service on September 1, 1987, on attaining the age of superannuation. About a year after his retirement, the respondent was served with a chargesheet containing allegations of misconduct and negligence for the period he was in service. Enquiry into the charges was held and respondent was afforded full opportunity to defend himself. On the conclusion of the enquiry a report was submitted by the Collector, holding that one of the two charges ...
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The Respondents substantive members of the Maharashtra Civil Service- challenged before the Central Administrative Tribunal the selection of the appellants to IAS by way of selection under the IAS (Recruitment) Rules, 1954. They claimed that their names were placed on the select list for promotion to IAS, but they could not be appointed because the vacancies occurring in the State were being filled by resorting to special selection and appointing persons like the appellants from the non-Sta...
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Case Law
Prafulla Kumar Swain Etc. Etc. VS. Prakash Chandra Misra And Ors.
Recurso nº 12248, Ponente Mohan,s. (J)
The Orissa Public Service Commission through an advertisement dated 8.10.64 Invited applications for admission of candidates to a competitive examination for selection to the posts of Orissa Forest Service Class II Service. The 18 selected candidates were sent for training at the Indian Forest College during the year 1965-67. One of the candidates, who successfully completed the training was appointed to Class 11 Service. He filed a writ petition in the High Court, as he was assig...
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The Gujarat Judicial Service Recruitment Rules 1961 as amended upto 1979 lay down the mode of recruitment to and constitution of the Gujarat Judicial Service. The Service shall constitute of two branches, namely, (1) Junior Branch and (2) Senior Branch. Rules 6(4)(i) and 6(4)(iii)(a) provide that a Civil Judge (Senior Division) after completing 48 years of age will not be eligible for consideration for promotion to the post of Assistant Judge and his name appearing in the select list wi...
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Case Law
S.B. Patwardhan & Others Etc. Etc. VS. State Of Maharashtra & Others
Recurso nº 5273, Ponente Chandrachud,y.V.
In exercise of the power conferred by s. 241(2)(b) of the Government of India Act, 1935 the Governor of Bombay framed rules called Recruitment Rules of the Bombay Service of Engineers (Class I and Class II 1939), Rule 2 laid down the method of recruitment to Class I of the Service by direct recruitment and by promotion from the existing Bombay Service of Engineers or from the Bombay Service of Engineers Class II. Rule 10 provided that recruitment to Class II service shall be either by di...
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Case Law
Paluru Ramkrishnaiah & Ors. Etc. VS. Union Of India & Anr.
Recurso nº 7996, Ponente Ojha,n.D. (J)
The petitioners in the writ petitions were appointed as Supervisors Grade 'A' in various ordnance factories betwe en 1962 and 1966, in pursuance of circular dated 6th Novembe r, 1962 issued by the Director General of Ordnance Factorie s. The circular further provided for promotion from Supervis or 'A' to Chargeman I1, on completion of two years' satisfact o- ry service. 75 Supervisors Grade 'A' had moved a writ petition in the Allahabad High Court in 1972. Their grievance was th at even tho...
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The appellant was a member of the State Medical Service and as such an employee of the respondent State. On a report made in January 1950 by the Anti-Corruption branch, sanction was given in May 1950 for his prosecution under s. 161 Indian Penal Code for accepting a bribe and the trial court convicted him of the offence in February 1951. In February 1950, he was suspended by an order of the Civil Surgeon pending further orders and in August 1950,directions were given about the payment of...
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Rule 3(c) of the U.P. Service of Engineers (Buildings and Roads Branch) Class II Rules, 1936 defined 'direct recruitment' or 'direct appointment' as recruitment or appointment of Assistant Engineers in the manner prescribed in r. 5(i), (ii) and (iii) thereof, after consultation with the Public Service Commission. Rule 6 empowered the Govern- ment to decide in each case the source from which a vacancy shall be filled up provided that 25% of the vacancies were reserved for promotion of person...
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Rule 151 of the Bombay Civil Service Rules 1959 provides for payment of normal subsistence allowance to a civil servant on his suspension from service for the reasons stated under the service rules. While the first proviso to the Rule places a bar on the Government servant to take up any other avocation during the period of his suspension, the second proviso thereto reduces the subsistence allowance to rupee one per month when the Government servant is convicted by a competent authority a...
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