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Supreme Court Judgements

Supreme Court Judgments

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 SIGNIFICANT/LANDMARK JUDGEMENTS

  • HOMOSEXUALITY/GAY SEX/SECTION 377 
    Hon’ble Supreme Court, in its judgment dated 06.09.2018 in the case of Navtej Singh Johar & Ors. Vs. Union of India thr. Secretary, Ministry of Law and Justice, has ruled as under:-
    “i. In view of the aforesaid findings, it is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.
    ii. The declaration of the aforesaid reading down of Section 377 shall not, however, lead to the re-opening of any concluded prosecutions, but can certainly be relied upon in all pending matters whether they are at the trial, appellate, or revisional stages.
    iii. The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of beastiality.
    iv. The judgment in Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors. is hereby overruled for the reasons stated in paragraph 19.” –  SC Judgment dated 06.09.2018 – Navtej Singh Johar & Ors. Vs. Union of India thr. Secretary Ministry of Law and Justice
  • BENEFIT OF RESERVATION IN THE ORIGINAL STATE
    SC: “… … a  person  who  is  recognised  as  a  member  of Scheduled  Castes/Scheduled  Tribes  in  his  original State, will  be entitled to all  the benefits of reservation under  the Constitution in that  State only  and not  in other  States/Union Territories and not  entitled to the benefits  of  reservation  in  the  migrated  State/Union Territory.” – SC Judgment dated 30.08.2018 – Bir Singh Vs. Delhi Jal Board & Ors.
  • GRATUITY
    SC
    : Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law – SC Judgment dated 14.08.2018 – Union Bank of India & Others Vs. C.G. Ajay Babu & Another
  • SC: “It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter.” – SC Order dated 05.06.2018 – The State of Maharashtra & Anr. Vs. Vijay Ghogne & Ors.
  • CGHS
    SC: “15) … In the facts and circumstances of the case, we are of opinion that the treatment of the petitioner in non-empanelled hospital was genuine because there was no option left with him at the relevant time. We, therefore, direct the respondent-State to pay the balance amount of Rs. 4,99,555/- to the writ petitioner. We also make it clear that the said decision is confined to this case only.
    16) ….. we are of the opinion that all such claims shall be attended by a Secretary level High Powered Committee in the concerned Ministry which shall meet every month for quick disposal of such cases. We, hereby, direct the concerned Ministry to device a Committee for grievance redressal of the retired pensioners consisting of Special Directorate General, Directorate General, 2 (two) Additional Directors and 1 (one) Specialist in the field which shall ensure timely and hassle free disposal of the claims within a period of 7 (seven) days. … we are of the opinion that there shall be a timeframe for finalization and disbursement of the claim amounts of pensioners. In this view, we are of the opinion that after submitting the relevant papers for claim by a pensioner, the same shall be reimbursed within a period of 1 (one) month.” – SC Judgement dated 13.04.2018 – Shiva Kant Jha Vs. Union of India
  • SC/ST Act (Atrocities Act)
    The Supreme Court has Issued a slew of guidelines to protect public servants and private employees from arbitrary arrests under the Atrocities Act. The public servants can only be arrested with the written permission of their appointing authority. In the case of private employees, the Senior Superintendent of Police concerned should allow it. Besides, a preliminary inquiry should be conducted before the FIR is registered to check whether the case falls within the parameters of the Atrocities Act and if it is frivolous or motivated. – SC Judgment dated 20.03.2018 – Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra and Anr.
  • EUTHANASIA AND ‘LIVING WILL’
    Euthanasia and ‘Living Will’ allowed by Supreme Court. – SC Judgment dated 09.03.2018 – Common Cause (A Regd. Society) Vs. Union of India and Another
  • RTI
    SC: “Weighing the need for transparency and accountability on the one hand and requirement of optimum use of fiscal resources and confidentiality of sensitive information on the other, we are of the view that information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Situation of exams of other academic bodies may stand on different footing. Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest.” (Emphasis Added.) (Sections 8,9,11) –  SC Judgement dated 20.02.2018 – Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc.
  • PUBLIC AUTHORITY
    A Public Authority cannot act arbitrarily: SC – SC Judgement dated 24.08.2017 – M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani and Ors.
  • It is a settled legal proposition that a departmental enquiry can be quashed on the ground of delay provided the charges are not very grave. – SC Judgment dated 29.04.2013 – Shri Anant R. Kulkarni Vs. Y.P. Education Society & Ors.
  • Consideration for promotion a fundamental right. – SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
  • Medical Negligence Case SC Judgment dated 24.10.2013 – Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another
  • The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law – SC Judgment dated 05.09.2013 – Union of India & Ors. Vs. B.V. Gopinath * The Court or police/CBI cannot impound a passport. – SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I.
  • SC: “…………… we direct that before the submission of any report by the Scrutiny Committee, his application for calling the witnesses for cross-examination must be disposed of, and appellant must be given a fair opportunity to cross-examine the witnesses, who have been examined before the Committee. We further direct the Scrutiny Committee to pass appropriate orders in accordance with the law thereafter.   In case, the Scrutiny Committee has already taken a decision, the same being violative of the principles of natural justice, would stand vitiated.” –  SC Judgement dated 08.11.2012 – Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors 
  • RTI
    Service details of employees amount to ‘personal information’ under the RTI Act – SC Judgment dated 31.08.2017 – Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr.
  • PRIVACY
    Privacy is a fundamental rights. – SC Judgment dated 24.08.2017 – Justice K.S. Puttaswamy (Retd.) and anr. Vs. Union of India and Ors. 
  • PUBLIC AUTHORITY
    A Public Authority cannot act arbitrarily: SC – SC Judgement dated 24.08.2017 – M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani and Ors.
  • FALSE CASTE CLAIM
    Times of India: “The Supreme Court on Thursday said anyone found guilty of using a forged caste certificate for getting education and employment will lose their degree and their job.
    In addition, they will also be punished, said the top court.” – SC Judgement dated 06.07.2017 – Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors.
  • INSURANCE
    A  forcible  entry  is required for a claim to be  allowed  under  the  policy  for  burglary/house breaking. – SC Judgement dated 22.08.2016 – M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr.
  • LABOUR LAW
    SC: “These temporary and badli workers, who are entitled for regularization as permanent workmen in terms of our March 18, 2015 judgment by applying the terms and conditions of the modified award of August 26, 1988, passed by Justice Jamdar, are held to be entitled to full back wages. However, keeping in mind the immense financial burden this would cause to LIC, we deem it fit to modify the relief only with regard to the back wages payable and therefore, we award 50% of the back wages with consequential benefits. The back wages must be calculated on the basis of the gross salary of the workmen, applicable as on the date as per the periodical revisions of pay scale as stated supra.” – SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr.
  • APPOINTMENT
    Hon’ble Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.  SC Judgment dated 21.07.2016 – Avtar Singh Vs. Union of India & Ors.
  • Disciplinary Action against authorities exercising judicial/quasi-judicial functions
  • SC: “The issue which arises in such cases is whether there are circumstances from which an inference that extraneous considerations have actuated a judicial officer can legitimately be drawn. Such an inference cannot obviously be drawn merely from a hypothesis that a decision is erroneous. A wrong decision can yet be a bona fide error of judgment. Inadvertence is consistent with an honest error of judgment. A charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact. … …” – SC Judgment dated 12.07.2016 – R.R. Parekh Vs. High Court of Gujarat & Anr. 
  • RESERVATION FOR PWDs
    SC: “… … we declare the impugned memoranda as illegal and inconsistent with the 1995 Act. We further direct the Government to extend three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts.” –  SC Judgment dated 30.06.2016 – Rajeev Kumar Gupta & Others Vs. Union of India & Others
  • RESERVATION FOR SCs/STs IN PROMOTION
    SC: “The relief in the present case, when appositely appreciated, tantamounts to a prayer for issue of a mandamus to take a step towards framing of a rule or a regulation for the purpose of reservation for Scheduled Castes and Scheduled Tribes in matter of promotions. In our considered opinion a writ of mandamus of such a nature cannot be issued.” – SC Judgment dated 11.03.2016 – Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors.
  • PREVENTION OF CORRUPTION ACT
    According to the Supreme Court, they are of the opinion that the courts below have erred in law in holding that accused Ramesh Gelli and Sridhar Subasri, who were Chairman/Managing Director and Executive Director of GTB (Global Trust Bank) respectively, were not public servants for the purposes of Prevention of Corruption Act, 1988. –  SC Judgment dated 23.02.2016 – CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others
  • Census (Caste-Based)
    Consumer
    Criminal Law Criminal Intimidation * Facebook Comments * Quashing of FIR
    DRT Act & SARFAESI Act
    Education
    Euthanasia and ‘Living Will’
    Homosexuality/Gay Sex/SECTION 377 
    Insurance
    Live-In Relationship
    Passport
    Public Authority
    RTI Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20 * 24(1)
    To see High Court Judgments relating to RTI, please click here.
    SC/ST Act (Atrocities Act)
    Service Matters

    ACRs * Appointment * CGHS * Charge-Sheet * Compassionate Appointment * Delay in Disciplinary Proceedings * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Disciplinary action for lapses while discharging judicial/quasi-judicial functions * Disciplinary Authority/Power to Institute Disc. Proceedings* Ex Parte Inquiry * Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review – Limitations * Labour Court Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Prevention of Corruption Act, 1988 * Punishment under the PC Act – Section 13 * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Seniority – Ad Hoc Service * Retirement Age * Second Marriage * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * VRS – Withdrawal of Voluntary Retirement * Uncategorized

    To see High Court Judgments on Service Matters, please click here.
    Transgender (TG) Community
    Others/Uncategorized
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    CENSUS (CASTE-BASED)

      SC Judgment dated 07.11.2014 - Census Commissioner & Others Vs. R. Krishnamurthy (288.9 KiB, 4,095 hits)

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    CONSUMER
    — Medical Negligence Case

      SC Judgment dated 24.10.2013 - Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another (762.0 KiB, 1,926 hits)

    LegalHelp 1

    — Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. 

      SC Judgment dated 04.12.2015 - New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (215.0 KiB, 2,221 hits)

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    CRIMINAL LAW
    Criminal Intimidation * Facebook Comments * Quashing of FIR

    Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.”

      SC Judgment dated 20.01.2015 - Manik Taneja & Anr. Vs. State of Karnataka & Anr. (198.0 KiB, 3,037 hits)

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    DRT ACT & SARFAESI ACT
    — Definition of NPA – The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid.

      SC Judgment dated 28.01.2015 - Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others (392.3 KiB, 5,079 hits)

    — Others

      SC judgment dated 18.03.2011 - Narayan Chandra Ghosh Vs. UCO Bank & Others (137.2 KiB, 930 hits)

      SC Judgment dated 07.02.2011 - Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. (176.8 KiB, 849 hits)

      SC judgement dated 26.07.2010 - Union Bank of India vs. Satyawati Tondon and others (153.3 KiB, 2,921 hits)


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    EDUCATION

      SC Judgment dated 01.11.2012 - NCTE and another Vs. Venus Public Education Society and others (335.7 KiB, 694 hits)

      SC Judgment dated 10.7.2012 - Jaipuria Institutes of Management & Ors. Vs. AICTE (13.4 KiB, 493 hits)

      Supreme Court Judgment dated 11.02.2005 - Prof. Yashpal & another Vs. State of Chhattisgarh & Others (2.7 MiB, 709 hits)

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    Euthanasia and ‘Living Will’
    Euthanasia and ‘Living Will’ allowed by Supreme Court.

      SC Judgment dated 09.03.2018 - Common Cause (A Regd. Society) Vs. Union of India and Another (2.9 MiB, 212 hits)


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    HOMOSEXUALITY/GAY SEX/SECTION 377   

    Insofar as Section 377 criminalises consensual sexual acts of adults in private, is declared violative of Articles 14, 15, 19, and 21 of the Constitution: SC 

      SC Judgment dated 06.09.2018 - Navtej Singh Johar & Ors. Vs. Union of India thr. Secretary Ministry of Law and Justice (2.7 MiB, 45 hits)

      SC Judgement dated 11.12.2013 - Suresh Kumar Koushal and another Vs. Naz Foundation and others (601.9 KiB, 2,299 hits)

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    INSURANCE
    — A  forcible  entry  is required for a claim to be  allowed  under  the  policy  for  burglary/house breaking.

      SC Judgement dated 22.08.2016 - M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr. (21.7 KiB, 730 hits)

      SC judgement dated 31.08.2010 - Yadava Kumar vs. National Insurance Co. Ltd. & another (121.8 KiB, 659 hits)

      SC judgement dated 22.07.2010 - Arun Kumar Agarwal & anr. vs. National Insurance Co. Ltd. & others (306.9 KiB, 931 hits)

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    LIVE-IN RELATIONSHIP

      SC Judgement dated 26.11.2013 - Indra Sarma Vs. V.K.V. Sarma (328.4 KiB, 2,184 hits)

      SC Judgment dated 21.10.2010 - D. Velusamy Vs D. Patchnaiammal - Live-in relationship (136.6 KiB, 1,632 hits)

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    PASSPORT

      SC Judgment dated 24.01.2008 - Suresh Nanda Vs. C.B.I. (19.2 KiB, 3,859 hits)


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    Privacy
    Privacy is a fundamental rights.

      SC Judgment dated 24.08.2017 - Justice K.S. Puttaswamy (Retd.) and anr. Vs. Union of India and Ors. (3.0 MiB, 505 hits)

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    Public Authority 
    A Public Authority cannot act arbitrarily: SC

      SC Judgement dated 24.08.2017 - M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani and Ors. (405.2 KiB, 719 hits)

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    RTI
    Sec. 8, Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20 * 24(1)

    — Sec.8 
    SC: “Weighing the need for transparency and accountability on the one hand and requirement of optimum use of fiscal resources and confidentiality of sensitive information on the other, we are of the view that information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Situation of exams of other academic bodies may stand on different footing. Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest.” (Emphasis Added.) 

      SC Judgement dated 20.02.2018 - Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. (141.4 KiB, 2,000 hits)

     — Section 8(1) 
    — SC: “… …lower level economic and financial information, like contracts and departmental budgets should not be withheld under this exemption. This makes it necessary to think when or at what stage an information is to be provided i.e., the appropriate time of providing the information which will depend on nature of information sought for and the consequences it will lead to after coming in public domain. …”  [Sections 8(1)(e) and 10 & Art. 19(2) of the Constitution]

      SC Judgment dated 16.12.2015 - Reserve Bank of India Vs. Jayantilal N. Mistry (412.1 KiB, 1,537 hits)

     — Sec. 8(1)(g)

      SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,155 hits)

    — Sec. 8(1)(j)

      SC Judgment dated 31.08.2017 - Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr. (448.0 KiB, 3,854 hits)

      SC Judgment dated 03.10.2012 - Girish Chandra Deshpande Vs. Central Informtion Commissioner & Ors. (177.5 KiB, 2,189 hits)

      SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 2,783 hits)

     — Sec.9 

      SC Judgement dated 20.02.2018 - Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. (141.4 KiB, 2,000 hits)

     — Sec. 10

      SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,155 hits)

    — Sec. 11

      SC Judgement dated 20.02.2018 - Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. (141.4 KiB, 2,000 hits)

      SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 2,783 hits)

    — Sec. 20
    — “Ordering withdrawal of the departmental action, if any, initiated against the PIO, the Hon’ble Supreme Court directed the State Information Commission to decide the appeal filed by the PIO before it on merits and in accordance with law.”

      SC Judgment dated 13.12.2012 - Manohar s/o Manikrao Anchule Vs. State of Maharashtra & Anr (251.1 KiB, 1,137 hits)

      
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    — Cooperative Societies not covered under the RTI Act 

      SC Judgment dated 07.10.2013 - Thalappan Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others (324.2 KiB, 4,554 hits)

    — Doctrine of Precedence

      SC Judgment dated 13.09.2012 - Namita Sharma Vs. Union of India (683.3 KiB, 707 hits)


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    — Uncategorized

      Supreme Court Judgment dated 02.09.2011 - Institute of Chartered Accountants of India Vs. Shaunak H. Satya & Ors. (198.3 KiB, 672 hits)

      Supreme Court Judgment dated 09.08.2011 - CBSE & Another Vs. Aditya Bandopadhyay & Ors. (264.4 KiB, 894 hits)

      Supreme Court Judgment dated 18.04.2011 - P.C. Wadhwa Vs Central Information Commission and Ors. (26.2 KiB, 693 hits)

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    SC/ST Act (Atrocities Act)
    The Supreme Court has Issued a slew of guidelines to protect public servants and private employees from arbitrary arrests under the Atrocities Act. The public servants can only be arrested with the written permission of their appointing authority. In the case of private employees, the Senior Superintendent of Police concerned should allow it. Besides, a preliminary inquiry should be conducted before the FIR is registered to check whether the case falls within the parameters of the Atrocities Act and if it is frivolous or motivated.

      SC Judgment dated 20.03.2018 - Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra and Anr. (305.4 KiB, 675 hits)

    SERVICE MATTERS – SUBJECT-WISE
    ACRs * Appointment * CGHS * Charge-Sheet * Compassionate Appointment * Delay in Disciplinary Proceedings * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Disciplinary action for lapses while discharging judicial/quasi-judicial functions * Disciplinary Authority/Power to Institute Disc. Proceedings * Ex Parte Inquiry * Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution * Gratuity * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review * Labour Court/Tribunal Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice – Quasi-Judicial Authority – Administrative Authority * Passport * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Punishment under the PC Act – Section 13 * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Res Judicata * Retirement Age * Seniority – Ad Hoc Service * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * Withdrawal of Voluntary Retirement * Uncategorized

    ACRs
    — “However, it will be open to the appellant to make a representation to the concerned authorities for retrospective promotion in view of the legal position stated by us. If such a representation is made by the appellant, the same shall be considered by the concerned authorities appropriately in accordance with law.”

      SC Judgment dated 23.04.2013 - Sukhdev Singh Vs. Union of India and Others (152.4 KiB, 2,612 hits)

    — “… ……If his entry is upgraded the appellant shall be considered for promotion retrospectively by the Departmental Promotion Committee (DPC) within three months thereafter and if the appellant gets selected for promotion retrospectively, he should be given higher pension with arrears of pay and interest @ 8% per annum till the date of payment.”

      SC Judgment dated 12.05.2008 - Dev Dutt Vs. Union of India & Others (71.0 KiB, 1,048 hits)

    Appointment

      SC Judgement dated 06.07.2017 - Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. (497.6 KiB, 3,483 hits)

     — Appointment on bogus certificate set aside

      SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 4,639 hits)

    — Non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.

      SC Judgment dated 21.07.2016 - Avtar Singh Vs. Union of India & Ors. (384.7 KiB, 1,957 hits)

    CGHS 
    SC: “15) … In the facts and circumstances of the case, we are of opinion that the treatment of the petitioner in non-empanelled hospital was genuine because there was no option left with him at the relevant time. We, therefore, direct the respondent-State to pay the balance amount of Rs. 4,99,555/- to the writ petitioner. We also make it clear that the said decision is confined to this case only.
    16) ….. we are of the opinion that all such claims shall be attended by a Secretary level High Powered Committee in the concerned Ministry which shall meet every month for quick disposal of such cases. We, hereby, direct the concerned Ministry to device a Committee for grievance redressal of the retired pensioners consisting of Special Directorate General, Directorate General, 2 (two) Additional Directors and 1 (one) Specialist in the field which shall ensure timely and hassle free disposal of the claims within a period of 7 (seven) days. … we are of the opinion that there shall be a timeframe for finalization and disbursement of the claim amounts of pensioners. In this view, we are of the opinion that after submitting the relevant papers for claim by a pensioner, the same shall be reimbursed within a period of 1 (one) month.”

      SC Judgement dated 13.04.2018 - Shiva Kant Jha Vs. Union of India (112.4 KiB, 994 hits)

    Charge-Sheet
    The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law.

      SC Judgment dated 05.09.2013 - Union of India & Ors. Vs. B.V. Gopinath (289.7 KiB, 12,042 hits)

     
    Compassionate Appointment
    — No compassionate appointment without qualification

      SC Judgment dated 20.02.2015 - The Rajasthan State Road Transport Corporation and others Vs. Revat Singh (174.5 KiB, 4,107 hits)

    Delay in Disciplinary/Inquiry Proceedings

    — It is a settled legal proposition that a departmental enquiry can be quashed on the ground of delay provided the charges are not very grave. 

      SC Judgment dated 29.04.2013 - Shri Anant R. Kulkarni Vs. Y.P. Education Society & Ors. (275.4 KiB, 6,812 hits)

    — SC: “… … we are of the considered view that every employer (whether State or private) must make sincere endeavour to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded with six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the limit frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.”

      SC Judgment dated 16.12.2015 - Prem Nath Bali Vs. Registrar, High Court of Delhi & Anr. (185.6 KiB, 4,144 hits)

    Denial of Reasonable Opportunity – Bias

      SC Judgment dated 18.10.2000 - Kumaon Mandal Vikas Nigam Ltd. Vs. Girja Shankar Pant & Ors. (54.2 KiB, 1,843 hits)

    Departmental Inquiry to be conducted in the preferred language of the employee

      SC Judgment dated 01.05.2013 - Mithilesh Kumar Singh Vs. Union of India & Others (30.8 KiB, 1,550 hits)

    Disciplinary action against authorities discharging judicial/quasi-judicial functions

      SC Judgment dated 12.07.2016 - R.R. Parekh Vs. High Court of Gujarat & Anr. (262.1 KiB, 1,234 hits)

      SC Judgment dated 12.07.2016 - R.R. Parekh Vs. High Court of Gujarat & Anr. (262.1 KiB, 1,234 hits)

      SC Judgment dated 27.01.1993 - Union of India Vs. K.K. Dhawan (46.1 KiB, 2,331 hits)

    Disciplinary Authority/Power to Institute Disc. Proceedings 

      SC Judgment dated 15.10.2012 - UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 1,569 hits)

    Ex Parte Inquiry

      SC Judgment dated 14.01.2013 - State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 1,515 hits)

    Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution

      SC Judgment dated 31.08.2012 - NCT of Delhi Vs. Ajay Kumar Tyagi (99.8 KiB, 1,756 hits)

    Gratuity 

    SC: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law

      SC Judgment dated 14.08.2018 - Union Bank of India & Others Vs. C.G. Ajay Babu & Another (80.0 KiB, 722 hits)

    Indiscipline – Misbehaviour

      SC Judgment dated 24.09.2013 - Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 4,473 hits)

    In case of minor penalty, due promotion to be granted in accordance with the rules

      SC Judgment dated 30.07.2013 - DHBVNL, Vidhyut Nagar, Hisar & Others V. Yashvir Singh Gulia (163.7 KiB, 3,016 hits)

    Investigation of Corruption Charges against against JS and above rank Officers

      SC Judgment dated 06.05.2014 - Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & Anr. (477.7 KiB, 3,954 hits)

    Judicial Review – Limitations

      SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 8,894 hits)

      SC Judgment dated 14.08.2014 - The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 3,142 hits)

    Labour Court/Tribunal Award

      SC Judgment dated 09.08.2016 - Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr. (243.2 KiB, 1,837 hits)

      SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 8,894 hits)

    Leave Rules

    Child Care Leave

      SC Judgment dated 15.04.2014 - Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 3,796 hits)

    Major Penalty without Inquiry

      SC Judgment dated 13.05.2014 - Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 4,622 hits)

    Misappropriation

      SC Judgment dated 05.01.2015 - Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 4,068 hits)

    Natural Justice

    — Quasi-Judicial Authority-Administrative Authority-Natural Justice

      SC Judgment dated 18.03.2013 - Nirmal J. Jhala Vs. State of Gujarat & Anr. (442.3 KiB, 5,095 hits)

      SC Judgment dated 29.04.1969 - A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 3,483 hits)

    Passport

      SC Judgment dated 24.01.2008 - Suresh Nanda Vs. C.B.I. (19.2 KiB, 3,859 hits)

    Pension/Gratuity

    Disability Pension – “A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same.” … “Since the disability has in each case been assessed at more than 20%, their claim to disability pension could not have been repudiated by the appellants.” –

      SC Judgment dated 13.02.2015 - Union of India & Anr. Vs. Rajbir Singh (222.7 KiB, 8,350 hits)

    Pension and Gratuity

    SC: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law

      SC Judgment dated 14.08.2018 - Union Bank of India & Others Vs. C.G. Ajay Babu & Another (80.0 KiB, 722 hits)

    Pension and Gratuity can not be denied without the authority of law

      SC Judgment dated 14.08.2013 - State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr (242.4 KiB, 1,490 hits)

    Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

      SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 4,479 hits)

    Promotion

    — Consideration for Promotion Consideration for promotion a fundamental right.

      SC Judgment dated 09.01.2014 - Major General H.M. Singh, VSM Vs. Union of India and Anr. (235.1 KiB, 11,543 hits)

    RRs 

      SC Judgment dated 23.08.2013 - Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 1,588 hits)

    Punishment to be commensurate with Articles of Charge

      SC Judgment dated 03.01.2014 - Ishwar Chandra Jayaswal Vs. Union of India & Ors (169.2 KiB, 5,734 hits)

    Prevention of Corruption Act, 1988 

      SC Judgment dated 23.02.2016 - CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others (205.1 KiB, 2,718 hits)

     Punishment under the PC Act

    Section 13 of the PC Act

    “… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.”

      SC Judgment dated 14.09.2015 - P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable) (224.2 KiB, 2,590 hits)

      SC Judgment dated 14.11.2014 - Anotony Cardoza Vs. State of Kerala (150.1 KiB, 6,598 hits)


    Recovery
    Courts can’t order recovery after quashing appointment

      SC Judgment dated 01.11.2013 - Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo & Ors. (316.0 KiB, 4,372 hits)

    No recovery of overpayment of salary in higher scale if there was no misrepresentation made by the appellant/employee

      SC Judgment dated 16.12.2008 - Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. (163.4 KiB, 5,023 hits)

      SC Judgment dated 19.09.1994 - Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 796 hits)

    — Hon’ble SC has summarized 5 situations, “wherein recoveries by the employers, would be impermissible in law.”

      SC Judgment dated 18.12.2014 - State of Punjab and other etc. Vs. Rafiq Masih (White Washer) etc. (212.2 KiB, 7,284 hits)

    Reinstatement

    – Salary

      SC judgement dated 22.08.2012 - R.S. Misra Vs. Union of India and Others (177.9 KiB, 2,068 hits)

    Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose

      SC Judgment dated 29.01.2014 - State of Maharashtra Vs. Vijay Kumar Aggarwal & Anr. (186.1 KiB, 3,847 hits)

    Reservation  

    — Benefit of Reservation in the original state

    SC: “… … a  person  who  is  recognised  as  a  member  of Scheduled  Castes/Scheduled  Tribes  in  his  original State, will  be entitled to all  the benefits of reservation under  the Constitution in that  State only  and not  in other  States/Union Territories and not  entitled to the benefits  of  reservation  in  the  migrated  State/Union Territory.”

      SC Judgment dated 30.08.2018 - Bir Singh Vs. Delhi Jal Board & Ors. (802.1 KiB, 138 hits)

    — Benefit on Reconversion

      SC Judgment dated 26.02.2015 - K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate (331.3 KiB, 8,418 hits)

    — Caste Certificate/False Caste Claim 

      SC Judgement dated 06.07.2017 - Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. (497.6 KiB, 3,483 hits)

      SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 1,462 hits)

    — DOPT O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 regarding lower qualifying marks, lesser standard of evaluation for SC/ST candidates for reservation in promotion is declared illegal.

      SC Judgment dated 15.07.2014 - Rohtas Bhankhar & Others Vs. Union of India and Another (201.2 KiB, 5,569 hits)

    Reservation for Jats Quashed

      SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 8,767 hits)

    — Reservation in Promotion

      SC Order dated 05.06.2018 - The State of Maharashtra & Anr. Vs. Vijay Ghogne & Ors. (30.6 KiB, 1,332 hits)

      SC Judgment dated 08.01.2016 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (286.3 KiB, 3,917 hits)

      SC Judgement dated 09.01.2015 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (325.0 KiB, 12,832 hits)

    — Reservation in Single Post 

      SC Judgment dated 16.05.2008 - Balbir Kaur & Anr. Vs. U.P. Secondary Education Services Selection Board, Allahabad & Anr. (263.5 KiB, 57 hits)

    — Reservation for PWDs and Other Judgements

    Three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts

      SC Judgment dated 30.06.2016 - Rajeev Kumar Gupta & Others Vs. Union of India & Others (328.0 KiB, 2,299 hits)

      SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 5,783 hits)

      SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 3,988 hits)

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,807 hits)

      Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,033 hits)

      Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 2,173 hits)

    — Reservation for SCs/STs in promotion

      SC Judgment dated 11.03.2016 - Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors. (287.6 KiB, 1,391 hits)

    Reservation for Transgender Persons

      SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 6,516 hits)

    Scruting Committee

      SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 1,462 hits)

    — Others

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,807 hits)

      Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,033 hits)

      Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 2,173 hits)

    Res Judicata

      SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 4,639 hits)

    Retirement Age

      SC Judgment dated 24.09.2014 - Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 4,495 hits)

    Second Marriage

      SC Judgment dated 09.02.2015 - Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 8,834 hits)

    Seniority – Ad Hoc Service

      SC judgement dated 22.08.2012 - State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 2,697 hits)

    Sexual Harassment at Workplace

      SC Judgment dated 18.12.2014 - Additional District and Sessions Judge 'X' Vs. Registrar General, High Court of Madhya Pradesh and others (378.3 KiB, 6,789 hits)

      SC Judgment dated 19.10.2012 - Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 962 hits)

    Simultaneous Proceedings — An employee, sacked following disciplinary proceedings, cannot seek reinstatement as a “matter of right” after acquittal from a criminal court on the same charges 

      SC Judgement dated 28.11.2013 - State of West Bengal & Ors. Vs. Sankar Ghosh (184.7 KiB, 5,198 hits)

    Suspension — “… the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension.”

      SC Judgment dated 16.02.2015 - Ajay Kumar Choudhary Vs. Union of India & Anr. (231.4 KiB, 8,176 hits)

    Termination

      SC Judgment dated 13.01.2015 - Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 8,960 hits)

    Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.)

      SC Judgment dated 31.10.2013 - T.S.R. Subramanian & Ors. Vs. Union of India & Ors. (290.3 KiB, 5,418 hits)

    Unauthorized Absence

    — Unauthorised Absence

      SC Judgment dated 15.02.2012 - Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 1,796 hits)

    Unauthorised Absence on Medical Grounds 

      SC Judgment dated 07.07.2014 - Chhel Singh Vs. M.G.B. Gramin Bank Pali & Ors (134.3 KiB, 3,631 hits)

    Unconditional Apology

      SC Judgment dated 29.07.2013 - Lucknow K. Gramin Bank (Now Allahabad, UP Gramin Bank) & Anr. Vs. Rajendra Singh (217.8 KiB, 931 hits)

    VRS

    Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

      SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 4,479 hits)

    Withdrawal of Voluntary Retirement 

      SC Judgment dated 22.07.2008 - Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 3,650 hits)

    Others/UncategorizedJudges can recall orders passed in open courts

      Supreme Court' Order dated 06.05.2014 - Kushalbhai Ratanbhai Rohit & Ors. Vs. State of Gujarat (237.1 KiB, 3,081 hits)

    Uncategorized

      SC Judgement dated 19.08.2011 - State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 1,130 hits)

      SC judgement dated 01.03.2011 - State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 1,459 hits)

      SC judgement dated 27.08.2010 - Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 3,380 hits)

      SC judgement dated 18.08.2010 - Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 2,393 hits)

      SC Judgement dated 13.08.2010 - State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 1,741 hits)

      SC Judgement dated 12.08.2010 - M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 1,747 hits)

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,807 hits)

      SC Judgment dated 19.12.2008 - Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,933 hits)

      SC Judgment dated 29.10.1971 - Union of India Vs. Sardar Bahadur (34.2 KiB, 1,739 hits)


    ——————————————————————————————-

    TRANGENDER (TG) COMMUNITY Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

      SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 6,516 hits)

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