No Disciplinary Proceedings Can Be Initiated After Employee Retires Or After Extended Period Of Service : Supreme Court

No Disciplinary Proceedings Can Be Initiated After Employee Retires Or After Extended Period Of Service : Supreme Court

Yash Mittal

19 Nov 2024 11:45 PM

The Supreme Court invalidated the disciplinary proceedings initiated against a bank employee after the completion of his extended period of service. The disciplinary proceeding initiated after the superannuation or after the extended period of service cannot be sustained, the Court observed.

“As has been held by this Court on more than one occasion, a subsisting disciplinary proceeding i.e. one initiated before superannuation of the delinquent officer may be continued post superannuation by creating a legal fiction of continuance of service of the delinquent officer for the purpose of conclusion of the disciplinary proceeding (in this case as per Rule 19(3) of the Service Rules). But no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service.”, the bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan said.

The Respondent-employee joined SBI as a clerk-typist in 1973 and progressed through the ranks to managerial positions. He was due for superannuation on 26.12.2003, having completed 30 years of service. SBI extended his service until 01.10.2010 for operational reasons.

Disciplinary proceeding against the respondent was not initiated on 18.08.2009 when the first notice to show cause was issued but were initiated only on 18.03.2011 when the disciplinary authority issued the charge memo to the respondent.

The Appellant-bank contended that since the notice to initiate the disciplinary proceedings was initiated before the end of the extended period, therefore the respondent-employee can't claim exemption from the disciplinary proceeding.

However, the respondent-employee challenged the proceedings as void ab initio, arguing they were initiated after his superannuation. He stated that Rule 19(3) of SBI Officers' Service Rules permits continuation of disciplinary proceedings if initiated before retirement, but it does not allow proceedings to commence after superannuation.

Dismissing the appellant's argument, the judgment authored by Justice Ujjal Bhuyan referring to the case of Union of India vs. K.V. Jankiraman (1991) observed that disciplinary proceedings are deemed to start from the date of filing of the charge sheet, not earlier notices. Since the charge sheet was filed after the date of completion of the extended term, therefore, the court held the disciplinary proceedings to be non-est in law.

In essence, the Court said that to make the disciplinary proceedings valid the SBI should have initiated the disciplinary proceedings before the end of the extended term i.e., within the service period. Proceedings initiated after the superannuation or after the end of the extended term cannot be sustained, the court held.

The Court also clarified that if proceedings are initiated against an employee before their retirement, they are deemed to have continued in service, allowing the proceedings to be carried forward and concluded post-retirement.

“if initiated against an employee before he retires from service, could be continued and concluded even after his retirement and for the purpose of conclusion of the disciplinary proceeding, the employee is deemed to have continued in service but for no other purpose.”, the court said.

The appeal was dismissed, and the bank was directed to release the pending dues of the respondent employee.

“That being the position, we see no merit in the appeal. Accordingly, the appeal is dismissed. Appellants are directed to release all the service dues of the respondent expeditiously and at any rate not later than six weeks from today.”, the court held.

Appearance:

Mr. Balbir Singh, senior counsel for the appellants

Mr. Vishwajit Singh, senior counsel for the respondent

Case Title: STATE BANK OF INDIA & ORS. VERSUS NAVIN KUMAR SINHA, CIVIL APPEAL NO. 1279 OF 2024

Citation : 2024 LiveLaw (SC) 901

20. Advertising Vacancy In Newspaper Having Less Circulation Violates Fundamental Rights Of Prospective Candidates: Allahabad High Court

20. Advertising Vacancy In Newspaper Having Less Circulation Violates Fundamental Rights Of Prospective Candidates: Allahabad High Court

Case title - Ravi Pratap Mishra v. State of U.P. and others [SPECIAL APPEAL No. - 289 of 2022]

Citation: 2022 LiveLaw (AB) 287

The High Court observed that failure to properly advertise vacant posts is a violation of the fundamental right of the prospective/potential candidates and is also unfair to such candidates. The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir issued this order.

Essentially, one Ravi Pratap Mishra had moved before the single judge stating that he was appointed as a clerk in a school, however, Mishra the District Inspector Of School had refused to sanction his appointment as a clerk on the ground that the advertisement clerical recruitment had been published in a newspaper having less circulation in the concerned area.

SC scraps Punjab's NRI quota expansion, calls it a fraudSource: PTI

SC scraps Punjab's NRI quota expansion, calls it a fraudSource: PTI

September 24, 2024 19:10 IST

The Supreme Court on Tuesday dismissed the Punjab government's appeal against a high court verdict quashing its decision to expand the definition of 'NRI quota' for admissions in undergraduate medical and dental courses in the state. "This fraud must come to an end now," the apex court said.

On September 10, the Punjab and Haryana high court trashed the Aam Aadmi Party-led government's August 20 move to include distant relatives "such as uncles, aunts, grandparents, and cousins" of NRIs for admissions under 15 per cent quota for this group in admissions in state medical colleges.

"This is nothing but a money spinning machine," observed a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

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"We will dismiss all the petitions. This NRI business is nothing but a fraud. We will put an end to all this.... now the so-called precedents must give way to primacy of law," said the bench.

Terming the high court verdict "absolutely right," the court said, "Look at the deleterious consequences... the candidates who have three times higher marks will lose admission (in NEET-UG courses)."

The top court said distant relatives of a 'mama, tai, taya,' who are settled abroad, will get admissions ahead of meritorious candidates and this cannot be allowed.

"This is completely a fraud. And this is what we are doing with our education system !...We will affirm the high court judgment. We must stop this NRI quota business now. The judges know what they are dealing with. The high court has dealt with the case threadbare," the CJI said.

"Let us put a lid on this... what is this ward? You just have to say that I am looking after X ... We cannot lend our authority to something which is blatantly illegal," the bench said while dismissing the plea of the state government.

Senior advocate Shadan Farasat, appearing for the Punjab government, said that other states like Himachal Pradesh, Uttar Pradesh also followed the broader interpretation of term 'NRI quota.'

Moreover, the states have the power to decide as to how 15 per cent NRI quota has to be granted.

Out of total NEET-UG seats, 85 per cent seats in medical colleges are filled up by the states in medical colleges under their jurisdiction, the counsel, in favour of NRI quota, told the bench.

The bench said now the central government will have to take note of this as well.

A division bench of the high court had come out with an elaborate judgment trashing the state government decision to broaden the ambit of NRI quota for admissions in Punjab medical colleges.

The high court took note of the submissions that the decision to widen the ambit of NRI quota was taken to divert the seats which would have otherwise come to the general category applicants.

"Imparting education is not an economic activity but a welfare-oriented endeavour as the ultimate aim is to achieve an egalitarian and prosperous society in order to bring about social transformation and upliftment of the nation.

"Doctrine of merit and fairness cannot be sacrificed only because the students falling in the expanded definition of Non-Resident Indian (NRI) possess financial muscle.

"Capitation fee has totally been prohibited. If the admissions in the expanded NRI category to include non-genuine NRIs are permitted; the prohibition made on charge of capitation fee would serve no higher purpose, as the State/private colleges would be at liberty to reap the benefits by amending the provisions according to their whims, which means accepting it by disguising the process," the high court said.

The expansion of 'NRI' definition through the state government corrigendum is "unjustified for several reasons," the high court said.

"Initially, the 'NRI Quota' was intended to benefit genuine NRIs and their children, allowing them to access education opportunities in India. By broadening the definition to include distant relatives such as uncles, aunts, grandparents, and cousins, the core objective of NRI quota is undermined.

"This widening opens the door for potential misuse, allowing individuals who do not fall within the original intent of the policy to take advantage of these seats, potentially bypassing more deserving candidates," it said.

NEWS TODAY 23.11.2024

 

NEET-UG to transition to computerbased testing; oversight group for NTA formed

NEET-UG to transition to computerbased testing; oversight group for NTA formed

Manash.Gohain@timesofindia.com 23.11.2024

New Delhi : Union education minister, Dharmendra Pradhan, has indicated that the National Eligibility cum Entrance Test for Undergraduate (NEET-UG) is likely transitioning to computerbased testing (CBT). Speaking exclusively to TOI, Pradhan revealed that a consensus is being developed in consultation with the ministry of health, the National Testing Agency (NTA), and a newly formed third-party moni toring group led by former Indian Space Research Organisation (Isro) chief K Radhakrishnan.

This group is tasked with advising and monitoring the NTA to ensure robust and transparent examination processes. The Radhakrishnan Committee, established in response to NEET paper leak al legations, has proposed several transformative recommendations. Key among them is a phased shift to online testing to mitigate security risks associated with paper-based exams. The committee also suggested a hybrid model where question papers are digitally transmitted to examination centres, and responses are recorded on paper. This approach would reduce physical handling of question papers, eliminating vulnerabilities at printing, storage, and transportation stages. Pradhan said: “We have already started implementation of the committee’s report. A monitoring group un der Radhakrishnan has been set up, which will continuously advise and monitor NTA. It will work as a third party vigil.” On NEET, the minister said: “The health ministry is the primary client of NEET and it is being consulted for its suggestions. NTA will conduct the test. 

We have two ways — paper based and computer based. Based on the consultation and deliberations with the ministry, the (Radhakrishnan) committee and NTA, we are in all likelihood moving towards CBT.” The ministry of education has also placed renewed emphasis on social science research to evaluate policies and their societal impact.

6 MBBS candidates submit fake NRI certs; cancelled now

6 MBBS candidates submit fake NRI certs; cancelled now

Pushpa.Narayan@timesofindia.com  23/11/2024

Chennai : Six MBBS-aspirants under Non-Resident Indian (NRI) quota category had forged the embassy certificates, and three of them managed to get seats allotted in self-financing colleges, said the state selection committee which handles medical admissions. The MBBS seats allotted to the three candidates have been cancelled, and now these will be included in the seat matrix during the special stray vacancy round scheduled for next week, the committee announced on Friday. It said the candidature of all six candidates was cancelled after ‘genuinity verification’. The committee sought verification of documents submitted by candidates to the respective embassies/consulates. At least four of them – Canada, Dubai, Riyadh, and Jeddah – replied stating that the certificates of six candidates were fake. Officials from the embassies also sought an action taken report from the govt. 

“We will be initiating legal action against the candidates. Their applications have been decl ared invalid,” a senior official said. Replies from a few other embassies/consulates are still awaited. Up to 15% of the seats in self-financing medical colleges and private medical universities are set aside for the NRI quota. These seats are reserved for students with NRI/OCI/PIO status. 

To apply under this category, students must provide documents that show their parents or relatives (one of the eight categories, such as sibling, grandparent, uncle, or aunt) are living abroad. “While processing applications before the first round of MBBS admission, more than 100 applications were made ineligible. This was because the ‘relatives’ were not as per the specification, or documents were insufficient,” the official said. The committee later emailed documents, including embassy certificates, to the respective embassies for verification. “We started the counselling because we have limited time. Three out of the six candidates were granted seats in two medical colleges,” he said. 

Two candidates were accepted into Madha Medical College and Research Institute in Chennai, while one was placed  in Karpagam Faculty of Medical Sciences and Research in Coimbatore. All these allotments have now been cancelled. These three seats will be added to the seat matrix for the special round of counselling, scheduled to begin on Nov 25. This will take the total seat tally for the special stray round to 60 – one seat in Stanley Medical College, six seats NRI/NRI lapsed seats in self-financing colleges, three NRI admissions that were cancelled, and 50 additional seats to Annaii Medical College and Hospital.

AU clarifies stance on outsourcing recruitment

AU clarifies stance on outsourcing recruitment 

TIMES NEWS NETWORK 23.11.2024 

Chennai : After facing backlash over a circular directing deans and department heads at Anna University to recruit temporary faculty members and non-teaching staff through outsourcing, the university has issued a revised circular saying only non-teaching staff would be recruited through outsourcing. A statement from the university on Friday claimed that the earlier circular was issued by mistake.

 “According to the resolution passed by the syndicate and finance committee, it was approved to recruit nonteaching faculty members through outsourcing. However, Anna University never took a decision to appoint faculty members through out sourcing,” Anna University registrar J Prakash said in a release. He said the mistake happened due to oversight while issuing the circular to the departments and university campuses. In a Nov 20 circular, Anna University had announced that new engagement of temporary teaching and non-teaching staff members on daily wages or consolidated pay should be done through a manpower agency only. 

The circular also said the authorities should be inforned about the surplus of temporary staff so that they may be allotted to other departments where there is a need for manpower. PMK leader Anbumani Ramadoss welcomed the announcement of Anna Uni versity. He said the revised circular was a victory for the PMK, which had condemned the move to recruit temporary faculty through outsourcing. However, he said the university administration is trying to cover up the issue by stating the announcement of recruiting faculty members through outsourcing was just an error