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 : AIR2005Guj164; (2005)1GLR519
..... in the schedule, and functioning as such immediately before the appointed date shall be the state commission for the purpose of this act and the chairperson, members, secretary, and officers and other employees thereof shall continue to hold office on the same terms and conditions on which they were appointed under those acts:provided further that the chairperson and other members of the state commission, appointed, before the commencement ..... according to him the respondents have relied upon directives of its head office at baroda, but such direction was neither supplied to the petitioners nor it is produced on the record of the petitions.6.4 learned counsel for the petitioners submitted that the respondent has neither terminated nor ..... requiring power supply for railways (other than railway workshops chargeable under rate htp-i and railway traction), hotels, amusement parks, resorts, water parks, military installations, aerodromes, cinemas, auditoriums, banks, studios, offices, film production, etc. ..... of the respondent board has passed the order without reference to the order of the gujarat electricity regulatory board and it seems that the order is passed pursuant to the circular from the head office of the board. ..... (3) the head office of the state commission shall be at such place as the state government may, by ..... appearing for some of the petitioners submitted that no opportunity of hearing to the petitioners is given and no decision of the head office is placed on record. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR481
..... for the court to address itself and to find out from the record as to whether the impugned actions or the charge delinquency in the backdrop of the facts and the ultimate conclusion of holding an employee or the officer guilty, we thought when the serious punishment, whether the impugned imposition of penalty, holding guilty is fair, just, reasonable, rational, or tainted with malice and smelt of extraneous consideration, leading to victimization ..... affects quality and result of such inquiries as well as moral and resourceful services of employees and officers leading them to a great sense of despondency and frustration and impact on efficiency and ..... even when the employee's fate is in the sealed cover, the appointing authority is empowered to review such cases, provided the officer concerned is not under suspension and, admittedly, the petitioner has not been suspended in any of the inquiries and as a matter of fact, he has been exonerated in ..... if the inquiry officer or the disciplinary authority does not see with an open mind to hold an impartial domestic inquiry, which is an essential component of the principles of natural justice as, also, that of 'reasonable opportunity', contemplated by article 311(2) of the constitution and if the action or order in a domestic inquiry against the employee or civil servant is found to be tainted with bias, arbitrariness, or discrimination or victimization, then, obviously, there will be violation of the principles of natural justice, as, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj81; (2005)1GLR215
..... at any sale of movable or immovable property, held under the provisions of this chapter no officer or employee of a [land development bank] except on behalf of the bank of which he is an officer or an employee, and no person having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such ..... air 1960 supreme court 407 wherein it is held that though there was some force in the contention regarding jurisdiction of the authority to entertain an application of the employee, there being no failure of justice it would not interfere with the order of the high court dismissing the writ petition of the appellant.13. mr ..... patel has further invited the attention of the court to rule 35 (2) of the gujarat co-operative societies rules, 1965 which reads as under :-'(2) no officer or servant of a society shall purchase, directly or indirectly, any property of a member of the society sold for the recovery of his dues to the society ..... the sale was conducted by resorting to the provisions contained in bombay land revenue code and special recovery officer was appointed who was not answerable to the bank and was subject to the jurisdiction of the ..... with regard to applicability of rule 35 (2) of the rules, it is true that there is an embargo in the said rules on the officers or the servants of the bank either to directly or indirectly purchase the property of any client of the bank and since respondent no .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]126CompCas469(Guj); [2005]58SCL452(Guj)
..... . desai has further submitted that the possession of the chawls by the occupants is illegal possession in view of the provisions contained in section 630 of the companies act which says that if any officer or employee of a company -(a) wrongfully obtains possession of any property of a company; or(b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by this act, ..... and another 63 company cases 62 wherein it is held that 'section 630 of the companies act, 1956, plainly makes it an offence if an officer or employee of a company, who was permitted to use any property of the company during his employment, wrongfully retains or occupies the same after the termination ..... . sub-section 2 of section 630 further empowers the court trying the offence to pass an order directing such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may ..... . the term 'officer of employer' in section 630 applies not only to existing officers or employees of a company but also to past officers or employees, if such officer or employee either (a) wrongfully obtains possession of any property of the company, or (b) having obtained such property during the course of his employment, withholds the same after the termination .....
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)ILLJ997Guj
..... (1) where the enquiry is held departmentally by the bank, 1/2 of the basic pay, the officer employee was drawing on the date prior to the date of suspension; and(2) where the enquiry is held by an outside agency 1/3 of the basic pay for the next three months and 1/2 of the basic pay for the ..... allowances and treatment of service on termination of suspension:(1) where the competent authority holds that the officer employee has been fully exonerated or that the suspension was unjustifiable, the officer employee concerned shall be granted the fullpay to which he would have been entitled, had he not been suspended, together with any allowance of which he was in receipt immediately prior to his suspension, or may have been sanctioned subsequently and made applicable to all officer employees. ..... subsistence allowance during suspension:(1) an officer employee who is placed under suspension and subject to sub-regulation (2) to (4) be entitled to receive payment from the bank by way of subsistence allowance on the following scale, namely:-(a) basic pay: (i) for the first three months of suspension 1/3 of the basic pay which the officer employee was receiving on the date prior to the date of suspension irrespective of the nature of ..... to the learned counsel for the respondent, the said instructions are still in force.10.2.3 learned counsel for the respondent pointed out regulations 14 and 15 of the bank of india officer employees' (discipline and appeal) regulations, 1964 which read as under:14. .....
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 : (2005)1GLR24
..... directions shall be as under:-the gratuity benefits on the basis of the government resolution, dated 20.11.98 with effect from 1.1.96 or from the date of their entitlement shall be in respect of the employees who have even retired on or before 1.1.96(3) the original respondents, namely, the respondent no.1-board, as well as, the respondent no.2-state of gujarat are directed to pay the revised pensionary benefits and thereafter revised monthly ..... , travelling allowances, combination of appointments, leave, revised leave, and superannuation and likewise, section 4[2] regulation deals with that discipline and appeal rules, pertaining to the employees of the board, and providing that the gujarat civil services (discipline and appeal) rules, 1971, in force from time to time shall apply to the employees and the officer of the board.39. ..... the employees of the board are also governed by the provisions contained in the gujarat civil services [discipline and appeal ] rules, 1971 for the conduct and discipline, as well as the appeal, when the pay and other conditions of the service of any officer or servant are as laid down in the contract entered into by the board with him, the officer or servant shall be governed by ..... office order dated 16.10.1990 pertains to the pension cum gratuity and it has been mentioned in the said order that the respondent no.2- government of gujarat has granted approval for making applicable the pension cum gratuity scheme with retrospective effect to the employees .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR226; (2004)IIILLJ942Guj
..... corruption has taken deep roots among the sections of the society and the employees holding public office or responsibility equally became amenable to corrupt conduct in the discharge of their official duty for illegal gratification ..... other contentions are raised.7.1 in that view of the matter, i am of the opinion that the petitioner has misused his position as a bank employee and has tried to take advantage of his position to avoid criminal proceedings under negotiable instruments act, whereby public at large viz. ..... disciplinary measures should, therefore, aim to eradicate the corrupt proclivity of conduct on the part of the employees/officers in the public offices including those in banks. ..... the inquiry officer held that the charge of the employee doing any act prejudicial to the interest of the bank or gross negligence involving or likely to involve the bank in serious loss, as levelled against the cse, stands proved against him.2.1 thereafter on 7.11.2002 a show-cause notice ..... every employee/officer in the bank should strive to see that banking operations or services are rendered in the best interest of the system and the society so as to effectuate the object of nationalisation ..... the employees and officers working in the banks are not merely the trustees of the society, but also bear responsibility and owe duty to the society for effectuation of socio-economic ..... the present case the act which has been committed by the petitioner is misuse of his office as a bank employee. .....
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