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Kerala High Court uphold employee’s safety rights on WhatsApp group

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Kerala High Court uphold employee’s safety rights on WhatsApp group

BACKGROUND

Fertilisers and Chemicals Travancore Ltd. employed the petitioner-technician (FACT).
On July 31, 2019, he was suspended on two counts of disseminating false information through the WhatsApp group and entering a restricted place without authorization after sharing the controversial texts.  The petitioner’s acts, according to the corporation, broke safety regulations and damaged the company’s reputation.  The corporation acknowledged the petitioner’s apology and expressed regret. He eventually found out, though, that the company’s punishment was a formal warning. He filed a case against his suspension and the warning order with the Kerala High Court, arguing that it should not have been placed in his service records and could have a negative impact on his career. The petitioner contended that the disciplinary action against him was not preceded by a formal investigation. The employer, FACT, retorted that the employee’s posts in the WhatsApp group implied that the job was dangerous. It further stated that the petitioner’s punishment was insignificant and that such statements would motivate other employees to rebel against the corporation. The Court observed that although the petitioner had apologised and admitted to having sent the WhatsApp posts, it did not mean he had admitted to the charge that the messages were “objectionable.”

VERDICT

The court ruled that, there is nothing wrong about an employee discussing safety issues at his employer in private chats on WhatsApp. It was emphasized that violating the employee’s right to free speech and expression under Article 19(1)(a) of the Constitution would result in disciplinary action from the employer. While dismissing one of two disciplinary allegations brought against a technician employed by a government-run fertilizer plant, the Court made this statement. The technician had uploaded a few posts regarding ammonia handling safety problems at a company unit. These were exchanged in a closed WhatsApp group.

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Written by- Shreyasi Ghatak

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Overcrowded and Under-Resourced: A Look at India’s Prison System in Need of Reform

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ABSTRACT

This article delves into the evolution of the Indian prison system, highlighting it’s colonial roots and it’s gradual shift towards rehabilitation. While despite aiming for reform, the current prison system has been grappled with issues like overcrowding, lengthy pre-trial detentions, and inadequate resources. The Model Prison Manual, while a step towards improvement, has not been fully implemented by the authorities, the lack of legal aid for underprivileged detainees further also undermines the system’s effectiveness.

 

INTRODUCTION

Before the 18th Century, Punishment only took place in a public forum, i.e., public execution, or mutilation, etc. It was mainly directed at the prisoner’s body, in order to strike fear into the minds of the public, who might have even the slightest of ideas to commit a felony. It was more of a theatrical expression, to show who or what was in the position of power, and the result of anyone who chose to disturb it. It would be fair to say that after the 18th Century, the reforms in the prison system and the course or form of punishment that were brought in, were not as expressive and harsh as it previously was. Mind you, that did not mean people were not executed or harsh sentences weren’t carried out, it just meant that there was now a more efficient system in place, one that not only gave power to the government in place, but also to the citizens, and gave them certain rights. The concept of Punishment has existed for a long time, it is just as Aristotle says, “Man is a Social Animal”. Man craves to be part of a society or group, and does not or cannot survive independently. In this sense, the worst thing that can happen to a man is to deprive him of the particular group or society that he wants to be a part of, and what the current prison system does is exactly that, take him out the society that is performing well and good, and put him in the one he deserves, the one which consists of the exiles, delinquents and criminals. The ones who choose to break the rules, making the outer society a harsher environment for the ones who follow the rules, and abide by the law. The Prison System worldwide tries to discipline these rule-breakers, in order to change society for the better, it’s aim is not only to deprive the man of his freedom, but also to reform him.

 

THE PRISON SYSTEM IN INDIA

The present Indian Prison System is one that has been formed from the British idea of dolling out punishments. The idea that supports the current system is that, it is not enough to have just strict or maybe even the best set of rules to reduce criminal behaviour, but it also necessary to have an even stricter set of punishments for the criminals, in order to dishearten them and reduce the attractiveness of the criminal life. The current framework for jail management and administration in India is the Prisons Act, 1894. There haven’t been many significant changes made to this Act. Even after this, though, the process of reviewing India’s jail issues persisted.

‘Reformation and rehabilitation’ of offenders were identified as the prison administrator’s goals for the first time in the history of prisons in the Indian Jail Committee 1919–20 report. Following independence, a number of commissions and committees created by the federal and state governments placed a strong emphasis on humanizing the circumstances within jails. It has long been acknowledged that the laws pertaining to prisons need to be thoroughly revised and unified. The Government of India Act 1935 further lowered the likelihood of a national prison policy being implemented systematically by shifting the matter of jails from the center list to the jurisdiction of provincial governments. As a result, state governments have their own set of regulations for maintaining and managing prisons on a daily basis, as well as for prescribing treatments. In 1951, the Indian government requested Dr. W.C. Reckless, a United Nations specialist on corrections, to do research on prison administration and make recommendations for policy changes. In his study “Jail Administration in India,” he argued in favor of turning prisons into rehabilitation facilities, and suggested updating out-of-date jail manuals. The All India Jail Manual Committee which was formed in 1957, made the Model Prison Manual (MPM) and presented it to the Government of India in 1960 for implementation, which is now the guiding principle for the present Indian prison system.

Despite the relatively low number of persons in prison as compared to many other countries in the world, there are some very common problems across prisons in India, and the situation is likely to be the same or worse in many developing countries. Overcrowding, prolonged detention of under-trial prisoners, unsatisfactory living conditions, lack of treatment programmes and allegations of indifferent and even inhuman approach of prison staff have repeatedly attracted the attention of the critics over the years. while Legal assistance is provided during trial, it is not, during the detainee’s remand court appearance, and for those in India who are unable to pay for legal representation. Given that the majority of inmates both those in lockup and those in prisons have not had their cases tried, the lack of the nation’s legal representation system for the poor is considerably reduced up until the moment of trial. When most of them require this kind of help, lawyers are not readily available. This hinders the basic right of any accused, who is supposed to have a fair representation, under such harsh laws.

 

CONCLUSION

Prisons are one of the oldest societal structure used for confinement of people who go against the norms of the society, in an attempt to reform them. The end objective of a prison is to be sent out in a better condition than they have been when they entered. The phenomenon of prisonization creates the area to confront with one’s self and with a feeling of guilt. In this era, prisons are considered as correction centres with the central theme of reintegration and rehabilitation.

Though various bodies have studied the problems of Indian prisons and laws have been enacted to improve jail conditions, it is undeniable that many issues plague our prisons. In many cases, prisoners emerge from jails as hardened criminals rather than reformed wrongdoers eager to rejoin society. Expert counselling programmes should strengthen the emphasis on the correctional aspect. The mentality of the prison staff must change. Prison administration must be disciplined and attentive to prisoners’ human rights. Prison reform is about more than just the buildings; it is about what happens inside them that needs to change. Aside from improving prisoner amenities, the focus must be on their human rights.

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Article written by – Gnaneswarran Beemarao

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Inclusion and Equality: Understanding Disability Rights Legislation in India.

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Abstract

This article delves into the progress, present status, and influence of disability rights legislation in India, highlighting the journey towards inclusivity and equality for people with disabilities (PwDs). With a population of over 26.8 million PwDs, India has made notable legislative advancements, particularly through the Rights of Persons with Disabilities Act, 2016 (RPWD Act). This Act signifies a transition from a welfare-based to a rights-based approach, broadening the definition of disability, increasing reservations in education and employment, focusing on accessibility, and imposing penalties for discrimination. Despite these legislative strides, challenges in implementation remain. Insufficient awareness and sensitization among stakeholders, limited infrastructure and digital accessibility, and systemic barriers hinder the effectiveness of reservation policies. Additionally, the lack of accurate data collection and monitoring mechanisms hampers policy improvements. Government initiatives like the Accessible India Campaign and the National Action Plan for Skill Development, along with efforts by civil society in advocacy, legal support, and community-based rehabilitation, are crucial in addressing these challenges. Technology, particularly assistive and accessible digital technologies, plays a key role in enhancing the independence and participation of PwDs.

The article presents successful implementation case studies such as Kerala’s Barrier-Free Tourism Initiative, Delhi University’s Equal Opportunity Cell, and Tata Consultancy Services’ employability programs, demonstrating the potential for inclusive development. Looking ahead, the focus should be on strengthening the enforcement of the RPWD Act, improving accessibility, promoting inclusive education, expanding employment opportunities, fostering positive societal attitudes, and leveraging technology. Achieving true inclusion and equality requires collaborative efforts from the government, civil society, and the private sector, ensuring that all individuals, regardless of their abilities, can fully and equally participate in society.

Introduction

Disability rights are fundamental human rights. Ensuring that people with disabilities (PwDs) have equal opportunities and access to various aspects of society is crucial for fostering an inclusive and equitable community. India, home to over 26.8 million people with disabilities according to the 2011 Census, has taken significant legislative steps to safeguard these rights. This article delves into the evolution, current state, and impact of disability rights legislation in India, exploring the challenges and future directions for fostering true inclusion and equality.

Evolution of the Concept of Disability

The journey towards disability rights in India has been gradual, marked by significant milestones. Historically, disability was viewed through a lens of charity and welfare, rather than rights and empowerment. This perspective began to shift in the latter half of the 20th century, influenced by global movements and changing societal attitudes.

  • Early Initiatives

In 1986, the Ministry of Welfare formulated the National Policy for Persons with Disabilities, which aimed to integrate PwDs into mainstream society. However, it was not until the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act), that a comprehensive legislative framework was established. The PWD Act was a significant step forward, focusing on education, employment, and the creation of a barrier-free environment for PwDs.

  • International Influence and the UNCRPD

India’s commitment to disability rights was further strengthened by its ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007. The UNCRPD played a crucial role in shaping India’s approach to disability, emphasizing dignity, autonomy, and non-discrimination.

  • The Rights of Persons with Disabilities Act, 2016

The most significant legislative advancement in recent times is the Rights of Persons with Disabilities Act, 2016 (RPWD Act). This Act replaced the PWD Act of 1995, aligning India’s laws more closely with the principles of the UNCRPD. The RPWD Act marked a paradigm shift from a welfare-based approach to a rights-based approach.

Key Provisions

Broadened Definition of Disability: The RPWD Act expanded the categories of disabilities from Sec. 7 to 21, including conditions like autism, intellectual disability, and multiple disabilities. This inclusive definition ensures that a wider range of disabilities is recognized and protected under the law.

Reservation in Education and Employment: The Act mandates a 4% reservation in government jobs and a 5% reservation in higher education institutions for PwDs, up from the previous 3%. This provision aims to enhance educational and employment opportunities for PwDs.

Accessibility: The Act emphasizes the creation of a barrier-free environment. It mandates the formulation of accessibility standards for physical infrastructure, transportation, information, and communication technology.

Guardianship and Legal Capacity: The RPWD Act recognizes the legal capacity of PwDs and provides for the appointment of limited guardians only when necessary. This provision respects the autonomy and decision-making abilities of PwDs.

Penalties for Discrimination: The Act introduces penalties for discrimination against PwDs, ensuring accountability and legal recourse for violations.

Implementation Challenges

While the RPWD Act is comprehensive, its implementation faces several challenges:

Awareness and Sensitization: A significant gap exists in awareness and understanding of the provisions of the RPWD Act among stakeholders, including government officials, employers, educators, and the general public. Sensitization programs are essential to bridge this gap and foster a more inclusive society.

Infrastructure and Accessibility: Despite the mandates, physical and digital accessibility remains a major challenge. Many public buildings, transportation systems, and digital platforms are not fully accessible, limiting the participation of PwDs in various aspects of life.

Education and Employment: The implementation of reservation policies in education and employment often falls short due to systemic barriers, lack of adequate support systems, and societal attitudes. Ensuring that educational institutions and workplaces are equipped to accommodate PwDs is crucial.

Data and Monitoring: Accurate data collection and monitoring mechanisms are essential to assess the effectiveness of the RPWD Act. Currently, there is a lack of comprehensive data on the implementation and impact of the Act, hindering policy planning and improvement.

Government and Civil Society Initiatives

Both the government and civil society organizations play a crucial role in addressing these challenges and promoting disability rights.

Government Initiatives

  • Accessible India Campaign (Sugamya Bharat Abhiyan):Launched in 2015, this campaign aims to make public spaces, transportation systems, and information technology accessible to PwDs. The campaign focuses on creating a barrier-free environment through infrastructure development and awareness programs.
  • National Action Plan for Skill Development:This plan focuses on enhancing the skills and employability of PwDs through vocational training programs, aiming to increase their participation in the workforce.
  • Inclusion in Education Policies: Various policies and schemes, such as the Sarva Shiksha Abhiyan (SSA) and the Integrated Education for Disabled Children (IEDC) scheme, aim to promote inclusive education and provide support services for children with disabilities.

Civil Society Initiatives

  • Advocacy and Awareness:Numerous non-governmental organizations (NGOs) and advocacy groups work towards raising awareness about disability rights, advocating for policy changes, and providing support services to PwDs.
  • Legal Support and Counseling: Organizations like the National Centre for Promotion of Employment for Disabled People (NCPEDP) provide legal support and counseling to PwDs, helping them navigate the legal system and fight for their rights.
  • Community-Based Rehabilitation (CBR):CBR programs, run by NGOs and community organizations, focus on empowering PwDs at the grassroots level, providing healthcare, education, and livelihood opportunities.

The Role of Technology

Technology plays a pivotal role in advancing disability rights and inclusion. Assistive technologies, such as screen readers, hearing aids, and mobility devices, enhance the independence and participation of PwDs. The proliferation of digital platforms and online services also offers new opportunities for education, employment, and social interaction.

However, ensuring digital accessibility remains a challenge. Websites, mobile applications, and digital content need to be designed with accessibility in mind, adhering to standards like the Web Content Accessibility Guidelines (WCAG). The government and private sector must invest in accessible technology to bridge the digital divide.

Case Studies

Examining real-life examples of successful implementation of disability rights can provide valuable insights and inspiration.

  • Case Study 1: Kerala’s Barrier-Free Tourism Initiative

Kerala’s initiative to make tourist destinations accessible to PwDs is a commendable example of inclusive development. The state government, in collaboration with various stakeholders, has worked to make popular tourist spots, hotels, and transportation systems accessible. This initiative not only promotes tourism but also highlights the potential of inclusive infrastructure to boost economic development.

  • Case Study 2: Inclusive Education at Delhi University

Delhi University’s Equal Opportunity Cell (EOC) has been instrumental in promoting inclusive education. The EOC provides various support services, including assistive devices, accessible study materials, and special accommodation during exams. These efforts have significantly improved the academic experience and success rates of students with disabilities.

  • Case Study 3: Employability Initiatives by Tata Consultancy Services (TCS)

TCS has implemented various initiatives to enhance the employability of PwDs, including skill development programs, accessible workplace infrastructure, and sensitization workshops for employees. These efforts have not only increased the number of PwDs in their workforce but also fostered a more inclusive corporate culture.

Future Directions

While significant progress has been made, there is still much to be done to achieve true inclusion and equality for PwDs in India. Future efforts should focus on:

  • Strengthening Implementation and Enforcement: Robust mechanisms for monitoring and enforcing the provisions of the RPWD Act are crucial. This includes regular audits, penalties for non-compliance, and transparent reporting.
  • Enhancing Accessibility: Continued efforts to improve physical and digital accessibility are essential. This includes updating infrastructure, promoting universal design principles, and ensuring that new developments are accessible from the outset.
  • Promoting Inclusive Education: Inclusive education should be a priority at all levels, from primary to higher education. This requires adequate training for educators, accessible learning materials, and support services for students with disabilities.
  • Expanding Employment Opportunities: Beyond reservation policies, there is a need for inclusive hiring practices, workplace accommodations, and support for self-employment and entrepreneurship among PwDs.
  • Fostering Societal Attitudes and Awareness: Changing societal attitudes towards disability is fundamental. Public awareness campaigns, community engagement, and education can help reduce stigma and promote a culture of inclusion.
  • Leveraging Technology: Investment in accessible technology and innovation can significantly enhance the independence and participation of PwDs. This includes both assistive technologies and ensuring that mainstream technologies are accessible.

Conclusion

Inclusion and equality for people with disabilities in India are not just legal mandates but moral imperatives. The legislative framework, particularly the RPWD Act, provides a strong foundation for safeguarding the rights of PwDs. However, the journey towards true inclusion requires concerted efforts from the government, civil society, and the private sector. By addressing implementation challenges, promoting awareness, and leveraging technology, India can move closer to a society where all individuals, regardless of their abilities, can participate fully and equally.

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Written By- Shramana Sengupta

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Delhi High Court Upholds Settlement Agreement at Reduced Interest Rate, Safeguarding Appellant’s Legal Rights

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Case Name: Anil Sharma & Ors v. Genesis Finance Co. Ltd. & Ors 

Case No.: RFA(OS)(COMM) 39/2019 

Dated: May 08, 2024 

Quorum: Justice Vibhu Bakhru and Justice Tara Vitasta Ganju 

 

FACTS OF THE CASE: 

In this intra-court appeal, the appellants have challenged a judgement and decree dated 27.03.2019 (referred to as the challenged order) issued by the learned Single Judge in CS(COMM) 307/2016, which is captioned Genesis Finance Company Ltd. v. Anil Sharma & Others. 

By the contested order, the learned single judge granted respondent no. 1’s application under Order XIIIA of the Code of Civil Procedure and issued a preliminary decree in accordance with Order XXXIV Rule 4 of the CPC, stating that the plaintiff was entitled to recover ₹2,03,00,000/-as a joint and several recovery from the appellants and respondent nos. 2 and 3 (defendants in the suit), together with interest at the rate of 18% annually from the date of the lawsuit’s institution until its realisation and 24% annually from the Settlement Deed dated 20.01.2014 until the date of the suit’s institution, or 31.03.2016.  

Furthermore, the educated Single Judge had also ordered costs to be measured at ₹2.5 lacs. The learned Single Judge gave the respondent nos. 2 and 3 and the appellants six months to pay the plaintiff’s debt; if they fail to do so, the plaintiff may seek a final decree for the sale of the mortgaged properties, or a portion of them, to recoup the outstanding amounts.  

The defendant had filed the aforementioned suit in order to recover ₹4,15,14,023.76/- (Rupees Four Crores Fifteen lakhs Fourteen thousand Twenty-Three and Seventy-Six paise only) as well as pendente lite and future interest at the rate of 36% per annum (reducing). The plaintiff also requested a decree for the sale of mortgaged properties as stated in Paragraph 4 of the complaint. 

The appellants have based their defence on the claim that they were misled into signing a Loan Agreement with the plaintiff on May 19, 2011 (henceforth referred to as the Loan Agreement) on the false impression that the loan came with a simple interest rate of 17.67% annually.  

On the other hand, the loan was structured with an interest rate of 17.67% (flat), which, when calculated using the decreasing balance approach, amounted to about 30.08%. This assumption was made when the documentation was created. 

The experienced single judge concluded that the appellants had no chance of winning their defence. Based on the appellants’ admission of the payment schedule that was a component of the loan agreement, the aforementioned conclusion was reached. Furthermore, there was no disagreement about the parties’ agreement to settle their differences over the outstanding liability and interest that was due on it when they signed the Settlement Agreement. 

 

LEGAL PROVISIONS: 

  • Section 138 of the Negotiable Instruments Act, 1881. Penalises the dishonouring of any cheque written for “any debt or other liability” that has been partially or fully paid. Furthermore, there is coextensive accountability between the major debtor and the guarantor. So, in accordance with section 138, N.I., the guarantor cannot avoid liability. 

 

CONTENTIONS OF THE APPELLANTS: 

According to the appellants’ learned counsel, they were under the false impression that the equivalent monthly installment for loan facility repayment was ₹11,68,735/-. Nevertheless, they had paid back ₹2,61,98,620/- against a loan of ₹2,75,00,000/-, or 22.4 equal monthly installments. The plaintiff argued that the EMIs were based on a 30.08% annual interest rate, but that the plaintiff had deceitfully convinced appellant nos. 1 through 3 to agree to pay interest at the rate of 17.67%. 

According to his submission, if the annual percentage rate for the EMIs was 17.67%, the corresponding monthly installment would be ₹9,89,644. He presented evidence that the appellants signed the Settlement Agreement at the time the mother of appellants nos. 1 and 3 was brought into the intensive care unit. The appellants acknowledged that ₹2,03,00,000 was still owed as of January 20, 2014, but they had signed the Settlement Agreement in error because they had put their trust in the plaintiff.  

Additionally, he argued that the plaintiff had taken advantage of the appellants’ pressing need for money to force them to sign on the dotted line. He argued that the Settlement Agreement was unenforceable because it was signed while the appellants were extremely agitated and not in a normal mental state due to the mother of appellants nos. 1 and 3 being critically ill and admitted to the intensive care unit due to multiple organ failure. 

The court determined that the parties in question in the debt Agreement, the defendants committed to repaying the debt over the course of 36 monthly installments. The fixed amount for the monthly installment was ₹11,68,735/-. Consequently, there could be no misinterpretation of the payable interest. 

 

COURT’S ANALYSIS AND JUDGMENT: 

According to the court’s ruling, interest is computed over the whole loan duration. Thus, in this instance, the appellant would be required to pay a total of 53.01% in interest over the course of three years, or 17.67% annual interest. The appellants would be required to return ₹4,20,74,460/-, with the aforementioned interest being payable on the whole ₹2,75,00,000/-loan principal. Because the repayment schedule was attached to the loan paperwork and stated that the total amount above was due, the appellants could not have been misled about the method used to calculate the interest.  

The court determined that the plaintiff had filed complaints under Section 138 of the NI Act, which were pending in the Dwarka courts, because the appellants’ checks had been returned unpaid. Therefore, there could not have been any doubt at that point regarding the appellants’ knowledge of the conditions of the Loan Agreement. The parties to mediation were referred to by the court, and as a result, the appellants entered into a Settlement Agreement that was included in the mediation proceedings. 

The appellants had complete knowledge of the plaintiff’s allegation, the court further noted. It is evidently an afterthought to argue that the appellants were not in a proper state of mind since their mother was in the intensive care unit (ICU) at the relevant period. The appellants did not make any such claim in their written declaration. Furthermore unsubstantial is the claim that the appellants were not given access to the whole Settlement Agreement. Moreover, the written declaration that the defendants filed makes no mention of this kind. As said earlier, there is no disagreement regarding the implementation of the Settlement Agreement.  

Additionally, take note of the fact that even though the Settlement Agreement is clear and stipulates that interest will be paid at a rate of 36% annually on a decreasing balance basis, the learned Single Judge had lowered the pre-suit interest rate to 24% annually. The plaintiff has agreed to the impugned order’s reduction in interest rates from 36% to 24% annually, even though it is not discussed in it. We see no need to investigate this further as a result. 

 

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Judgment reviewed by Riddhi S Bhora. 

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Calcutta High Court Upholds Associate Professor’s Right to Promotion and Benefits, Affirms Decision on Humanitarian Grounds

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Case Name:  Dr. Tapas Kumar Mandal v. Union of India & Ors 

Case No.: WPA 24009 of 2019 

Dated: March 19, 2024 

Quorum: Justice Amrita Sinha 

 

FACTS OF THE CASE: 

In this current writ petition, the petitioner requests that the Departmental Promotion Committee, also known as “the DPC,” recommend that he be promoted. Additionally, the petitioner requests that all encashment of leave, pension, and gratuity be released, as well as a directive to the Institute’s authority to accept this recommendation. 

The Institute was being served by the petitioner. On June 30, 2010, he reached the usual age of retirement and retired from the military. The petitioner was under consideration for a promotion from Associate Professor grade E to Professor grade F before to retirement; however, the petitioner was superannuated prior to the promotion being finalised. 

While the petitioner was employed, he was the target of disciplinary action. Long after he retired, the aforementioned procedure was still ongoing. The petitioner filed a writ suit with this court, and on June 29, 2017, the Hon’ble Division Bench issued an order addressing the matter. The Hon’ble Division Bench instructed the authority to grant admissible service benefits that were denied to the petitioner as a result of the order of punishment dated June 16, 2011, and to drop the disciplinary proceeding that was started against the petitioner through the charge sheet dated August 30, 2005, while deciding how to handle the appeal. 

The petitioner filed a contempt application on June 21, 2019, claiming that he had not followed the Hon’ble Division Bench’s directive, since he had not been granted promotion. The case was eventually resolved. The petitioner made a push for advancement in the contempt motion. It was with satisfaction that the Honourable Court noted that there was no clear directive on the power to promote the petitioner.  

The petitioner has been denied promotion by the Institute, and this is the main reason for the current writ suit. 

 

CONTENTIONS OF THE PETITIONER: 

In their petition, the petitioners requested that the Departmental Promotion Committee’s (DPC) proposal be accepted by the Saha Institute of Nuclear Physics, also known as “the Institute.” His advancement from Associate Professor (grade E) to Professor (grade F) was the subject of the recommendation.  

The counsel asked for a further directive to discharge any consequential benefits, such as leave encashment, pension, and gratuity, in addition to the promotion. It was further contended that On June 30, 2010, Dr. Mandal announced his retirement from the Department of Health and Welfare. But, even after he retired, the disciplinary actions that had been started against him while he was serving persisted. 

Following the submission of a writ petition by Dr. Mandal, the Hon’ble Division Bench directed the authorities to halt the disciplinary action against him. Additionally, the court ordered that benefits for eligible service that had previously been refused be granted. In addition, Dr. Mandal was entitled to receive payment for any unpaid wage arrears resulting from a promotion awarded by the Governing Council. 

Dr. Mandal claimed in his application for contempt that he had not followed the court’s order on promotion as he had not received promotion. 

 

CONTENTIONS OF THE RESPONDENTS: 

The petitioner’s promotion claim was disputed by the respondents. They claimed that as the promotion was not completed before Dr. Mandal’s superannuation, he was not eligible to receive the benefits of the promotion. 

It was argued by the respondents that Dr. Mandal’s disciplinary actions throughout his employment were appropriate and justified. They maintained that these procedures ought to go on even after he retires and were unrelated to the promotion controversy. 

The respondents claimed they had followed the court’s ruling in order to justify their acts. They argued that, per the directive of the Honourable Division Bench, the disciplinary proceedings were dropped. But they made it clear that Dr. Mandal was not given the promotion by default. 

In reference to the salary arrears, the respondents contended that payment would only occur in the event that Dr. Mandal was promoted by the Governing Council. They insisted that there was no duty to make up any arrears up until that point. 

The promotion procedure, disciplinary actions, and following the court’s orders constituted the focal points of the respondents’ arguments, to sum up. 

 

COURT’S ANALYSIS AND JUDGMENT: 

The Court decided that it lacked the necessary knowledge to evaluate an employee’s merits. It is the responsibility of the employer to evaluate each candidate for a promotion based only on merit, and only then may the employer move forward with the decision. Since the employer has exclusive authority over the matter, it is improper to impose the Court’s opinion on top of the DPC’s.  

A promotion was given to an employee as a mean of encouraging them to raise their game so that the employer can use their experience to further the institution’s development. An employee is to be motivated to perform and deliver to the best of their abilities when they are promoted.  

The court was of the view that withholding a promotion due to valid reasons, such as the pending outcome of a criminal or disciplinary case against the candidate, is now considered an acceptable stance. Because of legal issues in this particular case, the petitioner’s promotion was denied. 

As soon as the legal proceedings came to an end and the Court issued its directive, the petitioner was superannuated by the time the case regarding their promotion was reopened. An employee was no longer eligible for advancement following superannuation. The only way to compensate an employee in such a case is to give them relief in the form of money, provided that the employee is able to demonstrate that their rejection of advancement was unlawful. 

The court determined that the employer’s decision to deny the petitioner a promotion did not appear to have been motivated by illegality, arbitrariness, bias, or malice in this particular case. The Court does not believe that the denial of the petition was incorrect for the same reason.  

Considering the aforementioned, the Court declined to take on jurisdiction over the case. The writ petition was dismissed as a result of its failure. The related applications have been closed. 

 

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Judgment reviewed by Riddhi S Bhora. 

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