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Latest AFR

1. The power to take action on the ground of supression of criminal antecedents must be exercised objectively and reasonably, upon due consideration of all relevant facts and circumstances of the case and such power cannot be exercised arbitrarily or mechanically.

2. An interim order staying termination amounts to quashing the termination order or obliterate it from existence. Ordinarily, Courts should not permit an employee to continue in public office merely on the strength of an interim order, as continuation may amount to usurpation of a public office if the writ petition ultimately fails.

3. Fixation of quota for promotion on a particular post in feeder cadre based upon the structure and pattern of the Department is prerogative of the employer.

4. Mere failure to pass an order of continuation within 90 days does not, by itself, invalidate the order of suspension under Rule 9 of the Rules of 1966, where the departmental charge-sheet has been served upon the delinquent employee within the said period. However, prolonged suspension cannot be continued mechanically and must remain subject to periodic and meaningful review by the competent authority.

5. When a special enactment provides a statutory efficacious mechanism for redressal of the grievance, the High Court should not exercise its extraordinary jurisdiction u/Article 226 of the Constitution.

6. The fixation of benchmark falls within the exclusive domain and discretion of the DPC/ Selection Committee. Ordinarily, the same cannot be interfered with unless it is shown to be arbitrary, discriminatory or contrary to any statutory provision.

7. Fixing eligibility criteria, minimum qualifications, and service rules belongs strictly to the rule-making authority and the Courts cannot substitute their own views or waive mandatory job criteria to accommodate individual candidates.

8. The employee cannot insist to transfer him at a particular place. It is for the employer to transfer an employee considering the requirement.

9. A beneficial legislation is required to be interpreted purposively so as to advance the legislative intent and suppress the mischief sought to be remedied; nevertheless, such interpretation cannot transcend the express provisions of the enactment. Equally, subordinate legislation must remain subservient to the parent statute and cannot create, enlarge or curtail substantive rights or liabilities beyond the legislative mandate.

10. A Government servant getting transferred to another unit or department for his personal considerations, on his own request, cannot be permitted to disturb the seniority of the employees in the department to which he is transferred. He will be placed at the bottom below the junior most employee in the category in the new cadre or department.

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