Court : Punjab and Haryana
Reported in : AIR1992P& H1; [1992]75CompCas733(P& H)
..... 3 of the university grants commission act, 1956, by a notification of the central government and as such the institution enjoyed legal authority and was covered under the extended definition of 'state' in art, 12 as well ..... as banking is service oriented industry, the man-power is the key input and the institute has, therefore, focussed its attention on human ..... talwar and the recommendations were accepted not as the recommendations of the banking commission but as recommendations of the review committee constituted by the council of the institute (vide page 10 column 6 of the ..... he further submitted that the government of india had appointed a banking commission in 1969 and the institute had had the benefit of 'guidance, advice and counsel' of the government officials of the ..... kumar further shows that the recommendations of the banking commission 1969 were examined by a committee constituted by the council of the institute under the chairmanship of ..... been shown that the terms of the reference of the banking commission related only to the institute and not to the banking industry in general in the country. ..... of the welfare state, the activities of the government multiplied and it was increasingly felt that the framework of the civil service was not sufficient to handle the new task which was often of specialised and highly technical character. ..... 3290 of 1984, decided on october 13, 1984 (db) and a single bench decision of the karnataka high court ..... decided on february 6, 1984 (db), g. k. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)BomCR465; 2003(2)MhLj316
..... of repugnancy byformulating the following propositions.in order to decide the question of repugnancy it must be shownthat the two enactments contain inconsistent andirreconcilable provisions so that they cannot stand togetheror operate in the same field;there can be no repeal by implication unless the inconsistencyappears on the face of the two statutes; where the two statutes occupy a particular field, but there isroom or possibility of both the statutes operating in the samefield without coming into collision ..... dismissing the petition, this court observed thatnothing had been pointed out to the court as to how theprovisions of the bombay civil services rules or of act or ofthe school code were made applicable to respondent-institute.in absence of any resolution or statutory rule, the petitionercould not claim protection thereunder. ..... state of madras, : 1986ecr165(sc) , referring to central bank of india, the apex courtobserved that whether a law is declaratory or not depends onthe act and the language used therein.. ..... 2, intimated the petitioner that he wasworking in the institution as a lecturer on probation and theprobationary period would be over on june 30, 1984.it was then stated :'it is decided by the management not to continue your servicesand hence you are hereby informed that you are relieved fromyour services on 30-6-1984 afternoon.'9. ..... surprisingly, however, vide acommunication dated june 29, 1984, the chairman, governingbody of respondent no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC1736b; (1996)3UPLBEC1814
..... of ad hoc appointment (on posts outside of the purview of the public services commission) rules, 1979 read with its amendment rules 1984 is being taken for different cadre of the posts by different offices under the ..... of ad hoc appointments (on posts outside the purview of the public service commission) rules, 1979, as ultra vires and further a writ of mandamus commanding the opposite parties to allow the petitioner to continue in service without interruption and also to regularise the services of the petitioner in accordance with regularisation rules and give him full ..... regularisation of ad hoc appointments (on posts outside the purview of the public service commission) rules, 1979, which provide that the services of a person appointed on ad hoc basis who is not found suitable or whose case is not covered by sub-rule (1) of rule 4 of these rules, shall be terminated forthwith and on such termination, he shall be entitled to receive ..... appointments (on posts outside the purview of the public service commission) (amendment) rules, 1984. ..... challenged in the petition instead a wrong rule has been challenged but it has been argued that this rule is ultra vires on the ground that it does not provide an opportunity of hearing to those whose services have been terminated under rule 10 of these rules but this contention has no force because the petitioner is purely an ad hoc employee appointed without following any rules and procedure and in case of temporary ..... in reserve bank of india and ors .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)SCALE176; (2008)3SCC148; 2008(2)SLJ430(SC); 2008LABIC2041
..... as far as the second question is concerned, we are unable to accept the view of the high court that although the 97 posts had been taken out of the purview of the public service commission, the recruitment to the said posts would continue to be governed by the 1983 rules, and, consequently, the appointment of the candidates to fill up the said 97 posts by a limited departmental examination could only be an ad hoc arrangement to tide over ..... in the instant case, as has been indicated in detail by the high court, the state government took the step to withdraw 97 posts from the purview of the public service commission after the said commission expressed its inability to fill up the vacancies within a short span of time because of the various reasons indicated by it, such as shortage of staff and the mal-functioning of obsolete machinery and equipment. ..... in taking the aforesaid decision, the state government had apparently chosen to act in terms of the proviso to clause (3) of article 320 of the constitution which also empowered the state government to specify either generally or in any particular class of case that it would not be necessary to have any consultation with the public service commission. ..... there is no getting away from the fact that posts which were vacant in 1984 were advertised by the commission in 1985 and the selection tests were held only in 1988 pursuant to which recommendations were made in 1990. ..... bank v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant386; ILR2005KAR2682; 2005(4)KarLJ279
..... it is alleged that the government went on to accommodate the contract doctors is evident from the fact that while the candidates who came to be selected on their merit pursuant to the application invited by the karnataka public service commission (for short 'kpsc') in the year 1995, interviews held and provisional list and select list published in the year 1996 were appointed only on 25-7-1997 and the contract doctors who failed to get selected in ..... the state government in exercise of the powers conferred by section 14 of the karnataka educational institutions (prohibition of capitation fees) act, 1984, has made rules namely 'the karnataka conduct of entrance test to post graduate medical and dental degree and diploma courses rules 2003' (for short 'rules'). ..... section 2(g) of the rules defines 'in-service candidate' as follows:'2(g) 'in-service candidate means, persons belonging to the health and family welfare services, the karnataka medical education services, employees' state insurance (medical) services, mahanagara palike services, boards and corporations services and autonomous medical institutions registered under the karnataka societies registration act, 1960 including the persons deputed from such services to any other foreign services'.12. ..... it is well settled that if there is a statutory rule, the executive cannot ignore or act contrary to the rule in exercise of the executive power under article 162 of the constitution of india. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1343
..... exercising the powers to relax the mandatory quota rule and further assuming that the posts in the integrated grade ii and iii were within the purview of the union public service commission and accepting for the time-being that the commission was not consulted before the power to relax the rule was exercised, yet the action taken would not be vitiated, nor would it furnish any help to union of india which ..... with the checks provided in these articles, there is a reasonable certainty that the executive will be disposed to act with caution and not to exercise its powers in an arbitrary fashion and act as if the public service commission did not exist.14.1 it will not be out of place here to remind ourselves that, on 26th november, 1949, while adopting the constitution, the president dr. ..... be paid, by way of a token compensation, one month's salary, and such amount be recovered from the defaulting officers who may be found by the state government to be responsible for the inaction in sending requisitions to the gujarat public service commission or in not consulting it while illegally continuing the ad hoc lecturers beyond one year of their initial local appointments, without bothering to consult the g.p.s.c. ..... bank of england, reported in 2001 (2) all er 513, paragraphs 42 & 44].23.1 torts may arise as a result of malfeasance, misfeasance or non-feasance. ..... the court dismissed the petitions of such medical officers who were appointed subsequent to october 1, 1984 with certain directions. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)IIILLJ570Mad; (2003)2MLJ633
..... in trouble in view of the fact that in his report he had to deal with the commissions and omissions of some of the officers as having been responsible for landing the state bank under heavy financial adversity and those very officers were not only reporting and reviewing officers, but had also later managed to climb the ladder of the hierarchy of the state bank while the petitioner had been made to languish as a deputy general manager.50. ..... a reference to those remarks are very much necessary, as i have taken them into account for arriving at my ultimate conclusions as hereunder and hence the general remarks made from the year 1984 are extracted and appended to this order as an annexure which will also form part of this order.64. ..... while the petitioner had been given regular promotions till 1.8.1984, after 1984 he was given only one promotion as deputy general manager on 16.2. ..... in labour and service cases, the supreme court had repeatedly pointed out that emotional outbursts and acts of instinctive insubordination under stress and strain and grave provocation ought to be viewed as natural human reaction and sympathetically ..... have perused the records from 1984 upto date and the remarks with reference to category-wise assessment under several heads as well as the general remarks of the reporting officers and the reviewing authority and the comments are uniformly superlative expressions of his integrity, efficiency and capacity to tackle any situation and in recognition of his services. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR35; 1998(3)BomCR796; 1998(1)MhLj826
..... the school tribunal accordingly by the impugned order dated 16-4-85 allowed the appeal, set aside the notification dated 31st july, 1984 removing the employee from service and directed the management to reinstate the employee in the same post he was holding at the time of removal and to pay the employee difference of evolution including pay and allowances as due and ..... the employee was intimated that name and address of his nominee with his consent letter should reach the convener of the enquiry committee on or before 23-4-1984 and in case of employees failure to nominate his member to enquiry committee on or before the stipulated period, the enquiry committee of two members constituted shall start ..... granted liberty to hold the enquiry against the employee for his alleged omissions and commissions and misconduct in accordance with the maharashtra employees of private school rules. ..... the maharashtra employees of private schools (conditions of service) regulation act, 1977 ('act of 1977') was enacted to regulate the recruitment and conditions of service of employees in certain private schools in state of maharashtra with a viewto provide such employees security and stability of service to enable them to discharge their duties towards pupils a guardians in particular, and the institution and the society in ..... others : air1991sc2130 and, (iv) state bank of patiala, and others v. s.k. ..... and 8-8-78 respectively on the head of bank of maharashtra from s.b. a/c. no. ..... in co-operative bank account. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR477; 2006(2)MhLj748
..... held thus :the rights, which the employer has in law, to adduce additional evidence in a proceeding before the labour court or industrial tribunal either under section 10 or section 33 of the industrial disputes act, questioning the legality of the order, terminating the services, must be availed by the employer by making a proper request at the time when it files its statement of claim or written statement or makes an application seeking either permission to take certain action or ..... that the principle enunciated by the apex court whereunder a right to lead evidence/ additional evidence is recognised in favour of the employer during proceedings before the labour court/industrial tribunal under section 10 or 33 of the industrial disputes act, which acts as a trial court, cannot be imported in the appellate proceedings before the school tribunal and (b) that the above referred right cannot be read in favour of a school management as the same is not envisaged by the ..... and shall also have the power to stay the operation of any order against which an appeal is made, on such conditions as it may think fit to impose and such other powers as are conferred on it by or under this act.sub-section (2) of section 10, permits the tribunal to decide on the procedure to be followed by it for the disposal of its business.section 10(1) declares that the tribunal shall have the same powers as are vested in an appellate ..... bank of baroda reported in : (1983)iillj415sc ..... court reported in 1984 supp. s.c.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;(f) repeal or amend any order made by the president under clause (3) of article 371d;(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as parliament may deem necessary for the effective functioning ..... him on oath;(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;(d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or, documents;(f) reviewing its decisions;(g) dismissing a representation for default or deciding it ex parte;(h) setting aside any order of dismissal of ..... made in exercise of powers conferred under sub-section (1) of section 43 of the state bank of india act, 1955 and the said order purports to rationalise and standardise in restructuring the administrative set up of the management cadres and in process of such restructuring if on consideration of relevant and germane materials, placement of the officers has been made, as provided under paragraph 7 of the conditions of service order, then such placement is not liable to the interfered with by a court of .....
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