Civil Writ - PIL - Service — Appointment to Key/Sensitive Post — Transparency and Propriety — Article 32 — Challenge to appointment of officer facing CBI charge-sheets and Commission inquiry as Chief Secretary — Held: Chief Secretary is a key post — the State should have awaited Commission report and avoided controversy — justice must appear to be done &md...
Land Acquisition – Withdrawal under Section 48(1) – Gazette Notification Mandatory – Appellants constructed a sports complex on land already acquired by the State – They relied on a file noting by the then Urban Development Minister expressing intent to regularize the structure – Held: File notings do not constitute a final decision unless issued and authenticated as ...
Service Law - Disciplinary Proceedings – Armed Forces – Scope of Judicial Review – Rule 27, CRPF Rules – Dismissal Order Restored – Respondent constable of CRPF was dismissed from service for unauthorized firing during sentry duty in a sensitive, terrorism-prone area – High Court set aside the dismissal terming it disproportionate and reinstated him with continu...
Civil Writ - Article 226(2) – Territorial Jurisdiction – Choice of Forum – Cause of Action Not Appropriately Evaluated – Jurisdiction Upheld – Appellant extradited from Singapore challenged violations of the Extradition Act and prison conditions in U.P. – Delhi High Court declined to hear the writ solely because the Allahabad High Court could deal with the issue...
Preventive Detention – COFEPOSA – Delay in Passing Detention Order – Order Quashed – Appellant was detained nearly 16 months after the alleged prejudicial activities ceased – Authorities had admitted that transactions after 11.10.2003 were not under scrutiny and that bank accounts were defreezed – Held: Delay between proposal and actual detention was not satisfa...
Civil Writ - Police Reforms – Public Interest Litigation – Binding Directions Issued under Article 32 and Article 142 – Inaction by Governments Despite Repeated Recommendations – Petitioners sought enforcement of long-standing recommendations made by various expert bodies including the National Police Commission and Ribeiro and Sorabjee Committees – The Court noted po...
Service Law – Dismissal Without Inquiry – Article 311(2) Proviso (b) – Rule 14(ii), Railway Servants (D&A) Rules – Impracticability of Inquiry – Assault on Railway Officer at Station – Delinquent employees accused of conspiring to assault a senior officer (DME) on his retirement day at railway station – Disciplinary authority invoked Rule 14(ii) citing...
Service Law - Premature Retirement – Validity – Rule 244, Rajasthan Service Rules – Appellant, manager of Co-operative Society, compulsorily retired at age 56 after 27 years of service – Held: Service Rules had been adopted by society – Rule 244 confers absolute right on appointing authority to compulsorily retire employee in public interest after completion of 25 yea...
Accident Claim - Motor Vehicles Act – Compensation under Section 166 – Application of Second Schedule – Structured formula and multiplier – Reference to Larger Bench – Multiple appeals arising from dissatisfaction with quantum of compensation awarded in motor accident claims – Supreme Court examined whether the multiplier specified in the Second Schedule to the ...
Military Law – General Court Martial – Rule 34 of Army Rules – Mandatory Nature – Respondent charged under Army Act and tried by General Court Martial within less than 96 hours from being informed of charges – Supreme Court held that the 96-hour interval stipulated in Rule 34 is mandatory, not directory – Purpose is to ensure fair opportunity to the accused for ...