Court : Kolkata
..... of the act of 1980 allows an appeal against an order passed under sub-section (3) of section 21 to lie before the municipal commissioner in the case of an officer or employee holding a category b post. ..... 21(3) such punishment has to be awarded by the authority by whom such officer or employee has been appointed. ..... of the kolkata municipal corporation act, 1980 specifies the appointing authorities of the different categories of the officers and employees and section 21 thereof deals with the control discipline and conduct of the officers and employees of the kolkata municipal corporation. ..... petitioner under cover of his letter dated december 28, 1998 submitted his representation on the findings of the enquiry officer describing the same to be ad hoc in absence of the requisite documents requested for. ..... opposition used on behalf of the corporation authorities in the instant writ petition does not disclose any evidence that the requisite minutes of the day to day proceedings before the enquiry officer as well as copy of the deposition of the witnesses examined before the enquiry officer were made available to the original writ petitioner. ..... referring to the report of the enquiry officer it is submitted on behalf of the writ petitioners that, the enquiry officer had recommended punishment and has therefore travelled ..... section of section 18(b) of the act of 1980 the appointing authority in respect of the original writ petitioner as a category b employee is the joint municipal commissioner. .....
Tag this Judgment!Court : Delhi
..... (2) the court trying the offence may also order 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 extend to two years."20. ..... (1) 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; he shall, on ..... most of the decisions referred by the respondent in respect of disputes pertaining to employer and employee. .....
Tag this Judgment!Court : Kerala
..... was immediately before the appointed day, employed in connection with the undertaking shall, on the appointed day, become an officer or employee, as the case may be, of the government or the board and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to ..... anything contained in the industrial disputes act, 1947 (central act 14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee employed in or in connection with the undertaking to the government or the board, shall not entitle such employee to any compensation under the act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority ..... it is pertinent to note that as per section 11 of the act, every whole time officer or other employee who was employed in connection with the agency shall become an employee of the board and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions ..... (2) if any question arises as to whether any persons was a whole time officer or other employee in or in connection with the undertaking immediately before the appointed day, the question shall be referred, within a period of one year from the appointed day, to the government and the government shall, after .....
Tag this Judgment!Court : Delhi
..... mittal v union of india 1995 (supp) (2) scc230 the supreme court held that when an officer or employee is selected by the selection board and there is a vacancy which can be offered to him, keeping in view his merit, ordinarily there is no justification to ignore him for appointment and that there has to be a justifiable reason to decline to appoint a ..... nevertheless, when the case was put up and ultimately his candidature rejected by acc, what prevailed was the original impression of the establishment officer as endorsed by the cabinet secretary that he did not possess requisite field experience and that the experience which he did possess was mere application of scientific ..... secretary to acc in para 7 of the note dated 19.06.2008 duly reflected the view of the dit in the following terms: ............................further, information technology being a rapidly moving area with high rate of obsolescence, it is imperative for the officers of the department to keep themselves abreast of latest global developments, analyze best practices and then formulate road map for implementation of various projects. ..... the communications between the dit and the acc, which are on record.in its letter, dated 19.5.2008, for instance, the department wrote: it may be noted that dit is a multi-disciplinary department with two attached officers viz i) nic involved in the task of information technology and ii) stqc, which involved in testing, calibration, training and iso certification schemes. .....
Tag this Judgment!Court : Karnataka Dharwad
..... . the object behind enacting such a provision is to discourage any suit, prosecution or proceeding against an officer or employee of the university to hold him liable for such acts which were done by him in exercise of the powers conferred under the act and the rules, without taking previous sanction of the executive council.16 ..... the requirement of previous sanction of the executive council as contained under section 5 wa10014/2015 53(2)(a) & (b) of the act, it is urged, has been introduced to protect the officer or other employee from being held personally liable for any act done in discharge of the duties and functions under the act or the statute or the regulations. ..... it is urged that section 53(2) of the act has no application to the facts of the present case as the same pertains to protection of an officer or other employee of the university for liability in respect of any civil or criminal proceeding for any act done under the act or the statutes or regulations. ..... . the said expression cannot be interpreted to mean that legality and correctness of such actions of the officers or other employees of the university cannot be challenged by instituting any legal proceeding, that too by invoking the writ jurisdiction under article 226 of the constitution of india .....
Tag this Judgment!Court : Delhi
..... facilities for inspecting the works or any part thereof as required under clause 28 of the conditions, or (xii) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this railway. ..... relating to the contract, has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employee under it or being an incorporated company elect or nominate or allow to act as one of its directors or employee under it in any capacity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the railways for ..... the time being owned and administered by the president of india before the expiry of two years from the date of retirement from the said service of such engineer or officer unless such engineer or officer has .....
Tag this Judgment!Court : Kerala
..... the rules prescribed for such an enquiry did not place an embargo on the right of the delinquent employee to be represented by a legal practitioner, the matter would be in the discretion of the enquiry officer whether looking to the nature of charges, the type of evidence and complex or simple issues that may arise in the course of enquiry, the delinquent employee in order to afford a reasonable opportunity to defend himself should be permitted to appear through a legal ..... where the employer has on his pay- rolls labour officers, legal advisers - lawyers in the garb of employees - and they are appointed presenting- cum-prosecuting officers and the delinquent employee pitted against such legally trained personnel has to defend himself ..... and others ( 2015 (1) ilr677 submits that enquiry officer, being a legally trained officer, the employee is entitled for engagement of legal practitioner.3. ..... however, this cannot be treated as precedent and this is only taking into account the fact that the enquiry officer, being a legally trained person and is also for the reason that the nature of charges against the petitioner requires deeper probe into the complicated issues relating ..... the law laid down by this court, we are of the view that if any person who is or was a legal practitioner including a reired hon'ble judge is appointed as inquiry officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair."6. .....
Tag this Judgment!Court : Delhi
..... incident made by the petitioner prior to the preparation of offence report which rather indicate his state of mind showing him to be under tremendous mental stress on various counts like; (i) not being able to convince his superior officers about the reason for firing, (ii) not being sanctioned leave to join his parents at pilgrim at vaishno devi on october 24, 2012, and (iii) taking time to introspect and prepare himself to face the consequences of his misconduct ..... has drawn the attention of this court to the communication dated october 26, 2012 (annexure p-1 at page30) whereby the petitioner was informed that he could appoint a friend for the court proceedings and could select any officer/subordinate employee available in the battalion. ..... because so much public trust is placed in peace officers, candidates for these positions are carefully screened to rule out emotional instability, poor judgment, lack of dependability, or other problems which might negatively affect their law enforcement work.29. ..... remarks by reviewing officer bsfact section 115 countersigned place : sunderbani (j&k) date :07. ..... the petitioner was brought before the dig and some other senior officers. .....
Tag this Judgment!Court : Delhi
..... ) 4 scc126 the relevant observations of the supreme court in the said judgment are contained in para 13, and which read as under: it is thus settled law that normally when an appointing authority or the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct ..... it has been repeatedly observed by the supreme court that issuing of a charge-sheet does not in any manner affect the right of the employees, and merits have to be heard and decided by the enquiry officer and employees cannot rush to the courts to question the issuing of the charge-sheet. ..... in other words it is to refrain him to avail further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruits and the offending employee could get away even pending enquiry without any impediment or to prevent an opportunity to the delinquent officer to scuttle the enquiry or investigation or to win over the witnesses or the delinquent having had the opportunity in office to impede the progress of the investigation or enquiry etc. ..... suspension is not a punishment but is only one of forbidding or disabling an employee to discharge the duties of office or post held by him. .....
Tag this Judgment!Court : Mumbai
..... he has made a bold statement in paragraph 9 that since no deliberate attempt by any officer or employee of his department to purposely misplace or destroy the record in question has been noticed, the department has not lodged any criminal complaint against any member of the staff under the relevant section of ..... i humbly say that since no deliberate attempt by any officer or employee of this department to purposely misplace or destroy the record in question has been noticed, so the department has not lodged any criminal complaint against any member of the staff under the aforesaid section ..... september, 2008 it was informed to the petitioner that the other information which was sought for by the petitioner vide his point no.4 in his application dated 5th september, 2008 is in connection with the office of the deputy collector and competent authority, sangli and the said application to that extent has been transferred / transmitted to the said authority for further action in the matter. ..... during the course of hearing of the said second appeal, the second appellate authority had orally directed the public information officer and the first appellate authority to take all the steps for tracing out the necessary and required files with respect to the government resolution dated 21st august, 1996 and the file ..... since the said subject was transferred along with the staff and the office record, it is difficult to pinpoint at what exact point of time, the documents sought by the petitioner .....
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