- Whether inter- district transfer can be made by the government affecting the chance of others in the transferee district under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005?
Section 4(5) of the said act does not enable the Government or competent authority to make inter-district transfers affecting the promotion of others.
- Whether the premature transfer of the petition is illegal and arbitrary?
. The Court cannot enter into an enquiry as to the reasons for the transfer or the necessity for the same in the absence of any sustainable grounds of mala fide or violation of any statutory provisions. The guidelines issued concerning transfer are non-statutory in nature, and in the above view of the matter,
- Whether a President of the District Forum, constituted under Section 10 of the Consumer Protection Act, 1986, can be transferred?
A District Forum is to be constituted, and the State Government appoints its President and members. The power to appoint is exercisable only on the recommendation of a selection committee consisting of the President and two Secretaries of the state.
- Whether an employee during a probationary period can be terminated from the services without conducting any enquiry?
The termination of the petitioner without assigning any proper reason and conducting any enquiry and merely on the ground of being surplus is not valid.
- Whether the appointment of any person based on the false certificate should be permitted to retain the benefits of the job secured or not?
It was held that when a person secures an appointment based on a false certificate, he cannot be permitted to retain the benefit of a wrongful appointment. Necessary actions were expected against those who secured unmerited appointments based on fraudulent caste certificates.
- Whether the accident of the army personnel could be attributed to military service if it happened on a public road during the period of authorized leave?
Given the preceding discussion, the court concluded that the Tribunal, while passing the order, had overlooked entirely the reasonable connection between the military service and the accident resulting in the injuries. Here, no reasonable connection existed, so the injuries could not be attributed to military service.
- Does the court of law have the authority to expand the qualification required for any post prescribed by the employer by reading into it a higher qualification?
The appellant does not possess the qualification prescribed in the advertisement for the post of workshop assistant. The court of law is in no province to read the qualification of the appellant of Diploma in Agricultural Engineering to be higher qualification than what has been required for the post.