AI Overview...
- Not to Relieve from Service - Courts have consistently held that orders or circumstances that do not comply with legal or procedural requirements cannot justify relieving a person from service. For example, the Supreme Court and various High Courts have invalidated relief orders issued without proper authority or in contravention of service rules, emphasizing that mere administrative convenience does not override legal mandates Ex. L/nk Rama Shankar Prasasd Army No. 2684551 X VS Union Of India - Patna, Dinesh Chauhan VS Himachal Pradesh State Electricity Board - Himachal Pradesh, [SHAMSHAD ALI
VS DIRECTOR ALIASPOLICE RADIOALIAS U P POLICE RADIO LUCKNOW -
Allahabad](https://supremetoday.ai/doc/judgement/02500033262).
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Resignation and Acceptance - Government servants have the right to tender resignation at any time, and such resignation must be accepted in accordance with applicable rules. Courts have directed authorities to accept resignations where conditions are met, even if the resignation was initially rejected or not acted upon. The acceptance of resignation does not automatically entail relief from service unless procedural requirements are fulfilled [SHAMSHAD ALI
VS DIRECTOR ALIASPOLICE RADIOALIAS U P POLICE RADIO LUCKNOW -
Allahabad](https://supremetoday.ai/doc/judgement/02500033262), SHAMSHAD ALI VS DIRECTOR (POLICE-RADIO) U. P. POLICE - Allahabad.
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Orders of Relief and Legality - Orders to relieve employees must be legally valid; otherwise, they are liable to be set aside. Orders issued arbitrarily or without following due process are considered invalid, and employees are entitled to be reinstated or continued in service without break, as affirmed by Supreme Court judgments Ex. L/nk Rama Shankar Prasasd Army No. 2684551 X VS Union Of India - Patna, Neha Aviation Management Pvt. Ltd. vs Air India Sats Airport Services Pvt. Ltd. - Delhi.
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Mechanical or Faulty Service Actions - Deficiencies arising from mechanical errors or negligence do not absolve authorities from their responsibility to follow proper procedures. Orders based on such deficiencies are deemed invalid if they violate principles of natural justice or service law BHARAT SANCHAR NIGAM LTD. VS SANTISSIMA MARY KHARKONGOR - Consumer.
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Specific Cases of Non-Relief - Several cases highlight that orders not to relieve employees or orders to continue service without proper legal backing are invalid. Courts have intervened to ensure that relief or non-relief from service aligns with statutory provisions and fair procedures Neha Aviation Management Pvt. Ltd. vs Air India Sats Airport Services Pvt. Ltd. - Delhi, Dinesh Chauhan VS Himachal Pradesh State Electricity Board - Himachal Pradesh.
Analysis and Conclusion:
The overarching principle from these sources is that relief from service must be grounded in lawful orders following due process. Orders issued arbitrarily, mechanically, or without proper authority are invalid, and employees cannot be considered relieved from service solely based on administrative decisions lacking legal validity. Employees retain their rights to continue in service until a proper, lawful relief order is issued, and courts are vigilant in ensuring that relief or non-relief from service complies with statutory and constitutional protections.
References:
- Ex. L/nk Rama Shankar Prasasd Army No. 2684551 X VS Union Of India - Patna
- BHARAT SANCHAR NIGAM LTD. VS SANTISSIMA MARY KHARKONGOR - Consumer
- Neha Aviation Management Pvt. Ltd. vs Air India Sats Airport Services Pvt. Ltd. - Delhi
- Dinesh Chauhan VS Himachal Pradesh State Electricity Board - Himachal Pradesh
- SHAMSHAD ALI
VS DIRECTOR ALIASPOLICE RADIOALIAS U P POLICE RADIO LUCKNOW
- Allahabad
- SHAMSHAD ALI VS DIRECTOR (POLICE-RADIO) U. P. POLICE - Allahabad
Search Results for "Not to Relieve from Service"
• India - Consumer
P.K.MUSAHARY, RAMESH BAWRI
The court emphasized that even if deficiency in service arises from mechanical reasons, it does not relieve the BSNL of their responsibilities ... Deficiency of Service - Telephone Disconnection - Consumer Protection Act - [Section 21(g) of the CP Act, 1986] - [Section 21( ... g)] - The court discussed the deficiency in service and negligence on the part of the BSNL in failing to rectify the telephone line ... While this is tantamount to an admission of fault, we are of the clear view that even if defic....
1971 0 Supreme(Guj) 125 • India - Gujarat
J.B.MEHTA, S.N.PATEL
- The termination of the loan service did not relieve the State Government of its obligation to pay the employee's salary and ... - The employee had not been absorbed into the Panchayat service. ... - The employee had not agreed to the termination of the loan service. ... Therefore, the aforesaid Jalgaon Zilla Parishad decision where this question was not examined could not be pressed in service. ... of s....
1984 0 Supreme(Ker) 235 • India - Kerala
M.P.MENON, K.BASKARAN
to relieve physically handicapped persons who had been appointed provisionally and did not have one year of total government service ... Provisional Appointment - Handicapped Persons - The court upheld the government's decision to not relieve physically handicapped ... Issues: The issues involved the validity of the government circular directing not to relieve physically handicapped persons ... P-4 Circular No. 45772/SDI/83/GAD dated 19th January, 1984, the Governmen....
1999 0 Supreme(All) 1907 • India - Allahabad
R.H.ZAIDI
held that the petitioner was entitled to submit his resignation during the pendency of disciplinary proceedings, as the relevant service ... of service, a government servant can tender resignation at any time, and the resignation is liable to be accepted if required by ... Ratio Decidendi: The court held that unless otherwise provided in the relevant Service Rules or in the terms and conditions ... of the petitioner and not to relieve him from service. ... Otherwise also, the Governme....
2009 Supreme(Online)(KER) 36651 • India - High Court of Kerala
K.T.SANKARAN, J
Fact of the Case: The petitioner, as the first judgment debtor in a money decree case, contested the legality of being relieved ... The case of the petitioner is that the direction to relieve him from service was illegal. ... Learned counsel appearing for the first respondent, decree holder, contended that the direction to relieve the petitioner from service is not to relieve him from service in the manner in which it is understood by the petitione....
• India - Delhi High Court
JYOTI SINGH
... ... Facts of the case: ... The petitioner and respondent entered into an agreement for ground handling services, which included ... HSCC (India) Ltd. and the principle that a party with an interest in the dispute must not appoint an arbitrator (Paras a href='#13 ... ... ... Ratio Decidendi: The Court emphasized that individuals with an interest in the outcome of the arbitration should not be empowered ... Any reference to arbitration shall not relieve the Service Provider from ....
2012 0 Supreme(HP) 1058 • India - Himachal Pradesh
SANJAY KAROL
The petitioner later requested to withdraw the resignation, which was rejected, and he was subsequently retired from service. ... The rejection of the petitioner's request for withdrawal was not accompanied by any reason, leading to the quashing of the impugned ... The management accepted the same on 30th July, 1997 but did not relieve the employee from the service and allowed him to continue to work till 26.9.1997. However, prior to the said date i.e. on 7.8.1997, the employee requested for withdrawal ....
2009 0 Supreme(Pat) 1208 • India - Patna
NAVANITI PRASAD SINGH
order of the petitioner from service is not valid in views of the judgment of Supreme Court, he is liable to be reinstated-Review ... Disabilities (Equal Opportunities, protection of Rights and Full Protection) Act, 1995-Discharged on ground of Low Medical category-The relieve ... order is quashed-Petitioner be deemed to be in continued service for all purposes without break- The terminal benefit granted to ... Having considered the matter and considered the judgment of the Supreme Court aforesaid, in my view, the #HL_ST....
2000 0 Supreme(All) 1516 • India - Allahabad
R.H.ZAIDI
accepting the resignation of the petitioner and not relieving him from service. ... Resignation - Government Service - The court directed the respondents to accept the resignation of the petitioner subject to the ... of service, a Government servant can tender his resignation at any time he wishes to resign, and the resignation is liable to be ... Learned counsel for the petitioner submitted that the petitioner was willing to comply with the terms and conditions of the bonds executed by him, therefore, there was no justi....
2019 0 Supreme(SC) 932 • India - Supreme Court
D.Y.CHANDRACHUD, INDIRA BANERJEE
Service law - First respondent allocated State of Bihar on 6 September 2010 - Not taking any action for ... He submitted application to be relieved on 6 October 2010, but he was not relieved. ... getting relieved from Jharkhand and joining Bihar - Keeping quiet for seven years - Having retired from State of Jharkhand, he cannot ... Since he was not relieved by the State of Jharkhand, it was urged that he had no option but to continue in ser....
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