Delay in filing departmental appeal to be condoned

See Also:  Amrendra Narain Banker v. State of Bihar, 2008 (56) BLJR 1725 (Pat)

MANU/SC/1321/2001 (2001)ILLJ1592SC pellants: Prem Prakash Tiwari Vs. Respondent: Union of India (UOI) and Ors.

 

Labour and Industrial - Imposition of punishment - Appeal filed against the order of imposing punishment - Held, set aside the orders of the High Court as well as of the Tribunal and the order of the Director, Postal Services whereby the departmental appeal was dismissed - Direction issued that the departmental appeal of the Apellant be decided afresh by the Competent authority - Hence appeal allowed.

 

Preliminary Issue to be decided first

The Hon'ble Apex Court in Srinivasa Rice Mills & Others v. ESI Corporation reported in (2007) 1 SCC 705 has held that before an Act is made applicable, in the event a dispute is raised, the authorities exercising statutory power must determine the jurisdictional fact, and it was further held that the same question can be raised in judicial review and there is no legal impediment in adjudicating the same. The Hon'ble Supreme Court has taken the similar view in Express Newspapers Limited v. Workers & Staff, AIR 1963 SC 569 (paragraph 15), and also in Ceylon Biscuits Ltd v. Bakeman Industries P Ltd., reported in (2004) 13 SCC 575

 

 

See also Order 14, Rule 2

Quality of teachers - education

2011 3 SCC 436
Mamta Mohanty
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Reinstatement after acquittal

2012 (1) SCC 442 (para 11)

The question of considering reinstatement after decision of acquittal or discharge by a competent criminal court arises only and only if the dismissal from services was based on conviction by criminal court in view of the provisions of article 311(2)(a)

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Sale deed and power of attorney - no sale can happen with power of attorney, execution of sale deed is a must

Suraj Lamps 2012 (1) SCC 656

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Land Acquisition - avoid agricultural land

(2012)1 SCC 792.raghbir singh sehrawat vs state of haryana.

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No writ petition in mutatation matters unless wholly without jurisdiction

Vinod Kr. Rajbhar v. State of UP,
2012 (1) ADJ 792

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