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Service law

THE STATE OF JHARKHAND & ORS. versus RANJAN KUMAR & ORS.

The High Court Division Bench erred by reappreciating evidence and disturbing concurrent findings of fact recorded by the disciplinary, appellate and revisional authorities which were founded on relevant material and, after independent forensic verification by Bihar Police, established that the two identities were the same person; the dismissal was the result of a fair and lawful enquiry and is restored; the Patna District appointment (Order No.10524 of 2007) and the appointment of "Santosh Kumar" as Constable in Bihar are quashed; competent police authorities are directed to examine and take…

Source excerpt

  • Dismissal from service
  • Disciplinary proceedings
  • Judicial review
  • Forgery
  • Impersonation
  • Dual employment
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Tenders

PRAKASH ASPHALTINGS AND TOLL HIGHWAYS (INDIA) LIMITED versus MANDEEPA ENTERPRISES AND OTHERS

The Division Bench erred in treating respondent No.1's quoted BOQ figure as a per day amount and allowing post-opening rectification because Clause 4(g) expressly prohibits any change to the BOQ template, Clause 5B(v) cannot be stretched to permit alteration of BOQ rates after bid finalisation, the BOQ as submitted showed the amount to be for 1095 days and thus was not an inadvertent clerical mistake, and the High Court failed to implead and hear the adversely affected appellant; accordingly the Division Bench order was set aside.

Source excerpt

  • Rectification of bids
  • Bid evaluation
  • Non-impleadment
  • Natural justice
  • Public interest
  • Judicial review
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Service law

THE TRANSMISSION CORPORATION OF TELANGANA STATE LIMITED & ANR. versus CHUKKALA KRANTHI KIRAN & ORS.

The High Courts order setting aside TS-Transcos cancellation of pre-2014 notifications and directing appointments from the earlier select list was set aside because TS-Transcos policy decision to cancel the earlier selection and initiate a fresh recruitment was bona fide and justified by litigation-related delay, bifurcation of the State and the High Courts own clarification leaving the decision to the corporations; TS-Transco had accommodated legitimate expectation by extending age relaxation and therefore the Court will not substitute its view on sufficiency of that accommodation; conse…

Source excerpt

  • Recruitment and selection
  • Legitimate expectation
  • Judicial review
  • Vested right to appointment
  • Mandamus
  • Policy decision
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Service law

SUBHA PRASAD NANDI MAJUMDAR versus THE STATE OF WEST BENGAL SERVICE & ORS

The Notification dated 24.02.2021, which requires a minimum of 10 years continuous teaching experience 'in any State-aided University or Government-aided College', was intended to distinguish between aided and unaided institutions and not to confine past teaching experience to institutions located within West Bengal; excluding employees with equivalent experience from institutions outside West Bengal is an artificial, arbitrary and discriminatory classification lacking nexus with the object of the Notification, and therefore the Division Bench's decision upholding such exclusion was set aside…

Source excerpt

  • Retirement age extension
  • Judicial review
  • Equality and non-discrimination
  • Statutory interpretation
  • State-aided institutions
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Service law

UNITED BANK OF INDIA (NOW PUNJAB NATIONAL BANK) versus SWAPAN KUMAR MULLICK & ORS.

An employee who tendered resignation (even citing mental depression) after having served qualifying years and who elected provident fund cannot be treated as having voluntarily retired for the purpose of claiming pension under Regulation 22; Regulation 22 is not manifestly arbitrary or violative of Article 14 on the facts of this case; the Division Bench exceeded its jurisdiction in directing the Bank's Board to consider amending Regulation 22 when its vires was not challenged; limited relief under Article 142 to permit a one-time option under the 2024 bipartite settlement or grant of Rs.500,…

Source excerpt

  • Pension
  • Resignation
  • Voluntary retirement
  • Regulation 22
  • Article 14
  • Judicial review
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Constitutional law

JANSHRUTI (PEOPLE’S VOICE) versus UNION OF INDIA & ORS.

The writ petition seeking gender-neutral guidelines and a declaration of unconstitutionality of Section 498A (now Section 84) is dismissed; the Court held there is no justification for judicial interference as the provision was enacted to address dowry-related exploitation, is supported by Article 15, is not shown to violate Article 14, and allegations of misuse must be addressed on a case-by-case basis rather than by striking down the statute.

Source excerpt

  • Section 498a (now section 84)
  • Misuse of provision
  • Doctrine of separation of powers
  • Positive discrimination (article 15)
  • Dowry
  • Judicial review
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Constitutional law

THE STATE OF TAMIL NADU versus THE GOVERNOR OF TAMIL NADU & ANR.

Article 200 offers only three mutually exclusive options to the Governor when a bill is presented — assent, withhold or reserve for the President; the first proviso is attached to withholding and prevents simpliciter withholding or pocket veto; the Governor cannot reserve a bill for the President after the legislature has reconsidered and repassed it in compliance with the first proviso (unless the repassed bill is materially different); the Governor must act on aid and advice of the Council of Ministers except in narrow constitutionally recognised circumstances; the exercise or inaction of A…

Source excerpt

  • Article 200
  • Article 201
  • Article 142
  • Assent to bills
  • Reservation of bills
  • Withholding of assent
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Conservation of foreign exchange and prevention of smuggling activities act, 1974

JOYI KITTY JOSEPH versus UNION OF INDIA & ORS.

Although the detenu was found on the facts to be involved in organized smuggling and the ingredients of clauses (i) to (iv) of Section 3(1) COFEPOSA were present, the detention order was set aside because the detaining authority did not consider the bail conditions imposed by the jurisdictional Magistrate and did not enter any (even subjective) satisfaction that those conditions were insufficient to prevent further smuggling; silence on this point vitiated the preventive detention.

Source excerpt

  • Preventive detention
  • Bail
  • Smuggling
  • Subjective satisfaction
  • Judicial review
  • Detaining authority
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Electricity law

PUJA FERRO ALLOYS P LTD. versus STATE OF GOA AND ORS.

The appellants were not entitled to the 25% rebate because the notification dated 30.09.1991 was rescinded with effect from 01.04.1995 and the appellants (except one) obtained power supply after that date; earlier decisions (GR Ispat and subsequent Supreme Court rulings) operate as res judicata and bind the appellants; notifications of 1996 were declared non-est/void and the 2002 Act validly authorises recovery, therefore the High Court rightly upheld the demand notices and dismissed the writ petitions and review applications.

Source excerpt

  • Electricity tariff rebate
  • Rescission of notification
  • Promissory estoppel
  • Public interest
  • Res judicata
  • Judicial review
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Administrative law

BHUPINDERPAL SINGH GILL versus STATE OF PUNJAB AND OTHERS

The Supreme Court held that there was no legal evidence to prove key charges that the appellant proceeded on leave without sanction and failed to comply with superior officers’ orders; the Inquiry Officer’s finding that the appellant failed in a perceived moral duty (not charged) was extraneous; the Disciplinary Authority failed to properly consider the appellant's detailed response (a single-sentence dismissal), rendering the disciplinary decision vitiated by lack of procedural fairness; consequently the disciplinary order, the Single Judge’s dismissal and the Division Bench’s order were set…

Source excerpt

  • Natural justice
  • Pension
  • Leave
  • Election duty
  • Judicial review
  • Limited notice
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.