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ART. 16 THE CONSTITUTION OF INDIA 57
Termination/Discharge of Police Constable on account of misconduct. Not entitled to pension. (Mahendra Prasad Singh v State of Bihar, AIR 2011 SC 1790 : (2011)13 SCC 118).
In police services the candidate to be recruited shall be of impeccable character and integrity. Respondent acquitted in criminal case was not appointed. (Union Territory, Chandigarh Administration and Others v Pradeep Kumar and Another, AIR 2018 SC 376).
Age relaxation - Post of teacher - over age - Refused. (Delhi Subordinate Services Selection Board v Praveen Kumar, AIR 2017 SC 649 : (2017)11 SCC 283.).
Vacancies cannot be filled up over and above the number of vacancies advertised. It offends Articles 14 and 16. (Rakhi Ray v High Court of Delhi, AIR 2010 SC 932 : (2010)2 SCC 637).
Benefit of VRS is available only when employee has accepted the offer to retire. (National Textile Corporation (M.P.) Limited v M.R. Jhadav, AIR 2008 SC 2449 : (2008)7 SCC 29).
Public Service Commission can relax the essential qualifications when empowered. (Sanjay Kumar Manjul v Chairman, U.P.S.C., AIR 2007 SC 254 : (2006)8 SCC 42).
For passing order of suspension of a member of Public Service Commission, opportunity of hearing is not required to be given. Service Laws do not apply. (Ram Kumar Kashyap v Union of India, AIR 2010 SC 1151 : (2009)9 SCC 378).
Transfer - Transfer of employee by way of punishment is wholly illegal, shall be set aside. (Somesh Tiwari v Union of India, AIR 2009 SC 1399 : (2009)2 SCC 592).
Transfer of employee not connected with departmental proceedings, no mala fides could be attributed, the transfer was made purely on administrative goods and in public interest, was not interfered. (State of U.P. v Siya Ram, AIR 2004 SC 4121 : (2004)7 SCC 405).
When an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal. (Somesh Tiwari v Union of India, AIR 2009 SC 1399 : (2009)2 SCC 592).
Before transferring an employee, question of providing opportunity of hearing to him does not arise. (Registrar General, High Court of Judicature at Madras v R. Perachi, AIR 2012 SC 232 : (2011)2 SCC 137 : 2012(1) SCJ 465).
Eligibility - Eligibility criteria for appointment to a post to be decided by the employer. Courts generally do not interfere. (Union of India v S. Vinod Kumar, AIR 2008 SC 5 : (2007)8 SCC 100).
Appointment of State Law Officers - Requirement. (State of Punjab v Brijeshwar Singh Chahal, AIR 2016 SC 1629 : (2016)6 SCC 1).
Appointment of Legal Advisors, Law Officers and Law Instructors by Government on contract basis. Claim for regularization rejected. (State of Maharashtra v Anita, AIR 2016 SC 3333 : (2016)8 SCC 293).
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