appointing authority - The Legal Chamber

The Supreme Court held that compassionate appointment schemes must be interpreted liberally to fulfill their humanitarian purpose, and procedural rigidity cannot override welfare objectives. It distinguished compassionate appointment from direct recruitment, ruling that reallocating a candidate to a lower post without essential qualifications does not violate equality clauses if it preserves the scheme's beneficial character. Facts Of The Case: The respondent, Harpal Singh, is the son of a deceased government employee who died in harness on February 28, 2019. Pursuant to the Madhya Pradesh compassionate appointment policy, he was appointed to the post of Assistant Grade-III on September 11, 2020. His appointment order contained a specific condition, derived from Clause 6.5 of the governi...

The Supreme Court held that exoneration in departmental proceedings does not bar continuation of criminal prosecution, as the standards of proof and purpose differ. However, it remanded the case to the trial court to determine the validity of the prosecution sanction, emphasizing that sanction must be granted by the authority competent to remove the public servant from office. Facts Of The Case: The appellant, T. Manjunath, a Senior Inspector of Motor Vehicles in Bengaluru, was accused of demanding and accepting a bribe of ₹15,000 through an intermediary. Following a trap by the Lokayukta, a criminal case was registered under the Prevention of Corruption Act, 1988. The Transport Commissioner granted sanction for prosecution, and a chargesheet was filed. The appellant sought dischar...

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Supreme Court on Trap Cases: Criminal Trial Can Proceed Despite Departmental Exoneration