Court : Gujarat
Reported in : (1995)1GLR837
..... consider his case for promotion to class ii services of the state government on the basis of his position in the seniority list issued by the respondents from time to time showing positions of the employees working as agriculture officers, grade i and to promote him with effect from the date his junior had been promoted to the class ii services with continuity of service and difference of salary.2. ..... the petitioner for absorption and promotion to class ii service of the state government on the basis of his position in the seniority lists issued from time to time showing the positions of the employees working as agriculture officers, grade i and to promote the petitioner with effect from the date his juniors were promoted to class ii services with continuity of service and difference in salary. ..... the petitioner also made a grievance pointing out the aforesaid facts that pursuant to the seniority list, the respondents promoted 142 employees working as agriculture officers in panchayat as well as state cadre of work as class ii officers in the said cadre overlooking the seniority of the petitioner, and in the fresh seniority list as on 31st december, 1979 published on 16th june, 1980 his ..... also made a grievance in his objections mat pursuant to the seniority list, the respondents, without inviting objections, have promoted 142 employees working as agriculture officers in the panchayat as well as state whereas the petitioner, though senior to all of them has neither been included in the .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1294
..... it may happen that in some cases, a powerful and influential delinquent accused (employee or officer) by taking undue advantage of such a situation may not only escape conviction in a criminal prosecution but also thereby may avoid departmental proceedings by employing undesirable tactics, manipulations and maneuvering, in a criminal trial ..... unless and until the departmental inquiry is instituted or continued on the same set of facts, on the same evidence, and on the identical charge as that of criminal trial, the decision of the criminal court acquitting the delinquent employee would not and should not deter or fetter the disciplinary authority in pursuing departmental proceedings under the relevant rules.16. ..... there is no any controversy about the fact that the plaintiff-delinquent was class iv employee, at the relevant time and serving in the police department, with the result, the gujarat civil services (conduct) rules, 1971, did apply to the case on hand also ..... of rules of conduct and discipline to different services in the police department: (1) in regard to the conduct as government servants, officers of the indian police service are governed by the all india services (conduct) rules, 1968. ..... (1) the state government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove an inspector or any member of the subordinate ranks of the police force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1163
..... rules provides a better support system to the retired officer/employees and their dependents unlike the benefits conferred by the gratuity ..... rules provides a better support system to the retired officer/employees and their dependents unlike the benefits conferred by the ..... issuance of the exemption notification, the relevant facts were stated with reference to four charts illustrating how pension and gratuity benefits available to the officers and the employees of the board under the bihar pension rules are not less favourable than those conferred by the gratuity act. ..... , plantation, port, railway company or shop to which this act applies from the operation of the provisions of this act if, in the opinion of the appropriate government, the employees in such establishment factory mine oil field, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable then the benefits conferred under this act. ..... monetary benefits gratuity under the bihar pension rules to the employees and officers of the board are more favourable compared to the gratuity ..... same and identical question filed by the concerned employees of the respondent corporation but same have not been notified because of the office objections raised by the registry and he requested before this court to call for papers of those petitions and accordingly, considering his request, registry of this court was directed to dispense with the office objections raised by the registry and to .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR127
..... godhra had not produced the records despite the letters sent by executive engineer, godhra and the investigation therefore could not proceed further and the 22 employees named in this letter were the employees and the officers responsible for the same; the records were not produced deliberately and the investigation was sought to be forestalled till the commencement of the rains and they had violated rule (3) of the gujarat states service ( ..... it is also made clear that while holding this preliminary inquiry, if it is found that any officer other than these 22 officers is also involved and the matters have been deliberately delayed at the instance of any employee or officer including the concerned executive engineer and superintending engineer, the government may also proceed against them in accordance with law and rules. ..... available which could form the basis for their suspension on the ground that they were responsible in particular for not sending the records and therefore, the suspension as has been ordered against there 18 employees and officer lacks application of mind and unless and until something in particular is pointed out against these ..... oza, learned counsel, that it is a case in which the suspension orders of all the 22 employees and officers have been passed in undue and hot haste and without application of mind and it is also his submission that the only misconduct which is attributed against the petitioners is that they failed to produce the records .....
Tag this Judgment!Court : Gujarat
Reported in : [2005(104)FLR679]; (2005)1GLR681
..... the difficulty arose in this case because like all other cases, the concerned government employee including the officer did not take care to implement the decision of this court in the matter of tribhovanbhai jerambhai v. dy ..... taking into consideration the record of the case and the approach of the government employees and the officers cost of rs.15,000/-, (rupees fifteen thousand only) is awarded, which shall be paid to the petitioner along with the amount of interest ..... amount of cost shall be recovered from the concerned government employee/ officer, if deemed fit by the government.12. ..... were the concerned government employees and officers, vigilant enough to implement the above judgement of this court, the agony which the petitioner had undergone could have been avoided. ..... the petitioner submitted that there are several other similar cases pending with the government, therefore, if a copy of this judgement is sent to the secretary, roads & buildings department for its circulation to all concerned officers of all the divisions, it may expedite the disposal of those cases. ..... on reading the affidavit filed by the officer of the rank of the deputy executive engineer, the court directed the said officer to remain present before this court on 07.02. ..... service from the date of entry until he retires including his services rendered prior to the date of his regularisation is taken into consideration for the purpose of computing pension or making pension available to such retired employee. 9. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)IILLJ268Guj
..... 20(1), two questions would have to be considered, namely - (1) whether an officer or an employee was employed by the existing air company on 1 july, 1952, and (2) whether he was still in its employment on the appointed day, namely, 1 ..... undertaking has vested and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same under the existing ..... section 20(1) of the act provided that every officer or other employee of an existing air company employed by that company prior to july, 1952 and still in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connexion with the undertaking which has vested in either of the corporations by virtue of the act, become as from the appointed day an officer or other employee, as the case may be, of the corporation in which the ..... -section stated that nothing contained in the section should apply to any officer or other employee who has, by notice in writing given to the corporation concerned prior to such date as may be fixed by the central government by notification in the official gazette intimated his intention of not becoming an officer or other employee of the corporation. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR245
..... majmudar for the petitioners is that there is a deep-rooted and planned conspiracy and the officers/employees of the department in collusion with unauthorised elements have misused telephone lines of subscribers of petitioner no. ..... not made any international telephone calls for which a demand was made by the department and that such action must have been taken by misuse of power or authority by some one in collusion or in connivance with the officers/employees of the department by making/ allowing illegal use of telephone lines of the petitioners. ..... petitioners have also stated that they have sufficient materials to establish that not the petitioners but the officers/employees of the department have committed mischief at exchange level. ..... 1-association had not made international calls, officers/employees of the department, in collusion with some persons, made certain telephone calls to foreign countries by misusing their power and authority and debited the amount in the accounts of the petitioners and the petitioners were called ..... a serious grievance was voiced by the petitioners that a very planned racket had been going on by the officers/employees of the department. ..... though attention of the authorities was invited to serious allegations, no action whatsoever was taken by them against officers/employees. ..... it is alleged that mischief was played by officers and/or employees of telephone department and even though members of petitioner no. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)ILLJ969Guj
..... disciplinary actions, the petitioner was scale-iii officer and as per the schedule of disciplinary/appellate/review authority given in the boi officer employees' (discipline & appeal) regulations, 1976, the chief regional manager was empowered to initiate disciplinary actions against scale-iii officers. ..... will not earn increment of pay during the period of such reduction and it will have the effect of postponing the future increment of pay under regulation 4(f) of bank of india officer employees (discipline & appeal) regulations, 1976. ..... service which shall be ordinarily be a disqualification for future employment under regulation 4(j) of bank of india officer employees discipline & appeal) regulation,1976. ..... which shall ordinarily be disqualification for future employment under regulation 5(j) of bank of india officer employees (discipline & appeal) regulations, 1976. ..... will not earn increment of pay during the period of such reduction and it will have the effect of postponing the future increments of pay under regulation 4(f) of bank of india officer employees (discipline & appeal) regulations, 1976. ..... the functioning of every officer/employee of the bank. ..... ) 2 supreme court cases 12, while dealing with a case of temporary misappropriation, the supreme court has held that the order of dismissal as imposed on the employee was just and proper.9.6 learned counsel for the respondent has relied upon a decision of the supreme court in the case of disciplinary authority-cum-regional manager and .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]60SCL1(Guj)
..... seeking direction from this court to the official liquidator to frame a scheme for the payment of remuneration and other terms of employment of the applicants and other company paid staff in the office of the official liquidator on the basis of equal pay and other benefits for equal work as of central government staff and particularly, on the lines suggested in the judgment and order of ..... though the applicants are in the employment of the office of the official liquidator as company paid staff for last several years and are doing similar work for similar number of hours as that of the regular employees of the government of india, department of company affairs in the office of the official liquidator the salaries/emoluments of the company paid staff is much lower and the conditions of service ..... are much inferior than the salaries and emoluments and conditions of service of the government of india paid employees in the office of the official liquidator.4. mr. ..... types of employees working in the office of the official liquidator in various high courts including the office of the ..... monetary and other benefits should be equal to the central government employees doing similar work in the office of the official liquidator. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)ILLJ149Guj
..... at the relevant time, serving as a branch manager with the respondent bank, has filed this special civil application under article 226 of the constitution of india for declaring the provisions of regulation 8 of oriental bank of commerce officers, employees (conduct) regulations, 1982 are unguided and uncanalised and violating the provisions of articles 14 and 16 of the constitution of india to the extent to which the said provisions purports to confer blanket powers on the disciplinary authority not ..... (3) the record of the proceedings in such cases shall include:-(i) a copy of the statement of imputations of lapses furnished to the officer employee; (ii) the defence statement, if any, of the officer employee; and (iii) the orders of the disciplinary authority together with the reasons therefor.'4. ..... minor penalties:(1) where it is proposed to impose any of the minor penalties in clauses (a) to (e) of regulation 4, the officer employee concerned shall be informed in writing of the imputations of lapses against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days or such extended period as may be granted by the disciplinary authority and the defence statement, if any, submitted by the officer employee shall be taken into consideration by the disciplinary authority before passing orders. .....
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