Judicial Discipline – Bail order by judicial officer – Complaint of corruption unsubstantiated – Enquiry Judge disbelieved allegation of illegal gratification but still held charges of granting bail on insufficient grounds proved – Held: Passing a bail order in exercise of judicial discretion cannot ipso facto lead to disciplinary proceedings unless actuated by malice, bias...
Judicial Service – Departmental Proceedings – Natural Justice – Bias – Appellant, a Judicial Officer, was dismissed from service on recommendation of the Disciplinary Committee of the High Court of Gujarat based on inquiry findings – Same judge who was a member of that Disciplinary Committee also later sat on the bench hearing the appellant’s writ petition chall...
Arbitration – Default in Appointment of Arbitrator – Section 11(6) of Arbitration Act – Power of Court to Appoint – Respondent issued notices under Section 11 seeking appointment of arbitrator; Appellant failed to appoint within 30 days – Respondent filed petition under Section 11(6) before Delhi High Court – Appointment of arbitrator by appellant after filing o...
Army Service – Discharge under Rule 13 – Section 22 vs. Section 20 of Army Act – Validity of Discharge – Appellant, found guilty of misconduct during court of inquiry, was discharged by competent authority citing Section 20 – It was contended that punishment could only be imposed after court-martial under Section 63 – Held: Discharge order valid under Section 22...
Service Law – Seniority – Retrospective Promotion – Legality – Held: Promotees cannot claim seniority from a date prior to their actual appointment to the cadre. Appellants, who were promoted as Assistant Conservator of Forests (ACFs) in 2002, were retrospectively given seniority from 1994. Respondents, appointed directly in 1996, challenged this retrospective promotion. Su...
Service Law – Retrospective Reservation for Women – Validity of Rule 22A Amendment – Upheld – Appellants challenged the application of G.O. Ms. No. 928 dated 6.10.1995 and G.O. dated 28.5.1996 which enhanced reservation for women to 30% and 33⅓% respectively – Held: Government has power under Article 309 to frame rules with retrospective effect – Rule 22A as a...
Labour Law – Termination without complying with Section 25F – Reinstatement with back wages not automatic – Relief modified – Respondent, a daily wage worker employed at Madhya Pradesh Bhawan, was terminated without following Section 25F – Industrial Tribunal awarded compensation; however, High Court directed reinstatement with full back wages – Held: In light o...
Panchayat Administration – District Development Officer v. President – Administrative Powers Clarified – Sections 83 & 162 of Gujarat Panchayats Act – High Court correctly held that while elected Panchayat officials play a key role in policy-making, executive authority in service matters lies with the District Development Officer (DDO) – Held: DDO is not subordina...
PIL - Section 158(6), Motor Vehicles Act – Mandatory compliance by police – Directions issued to ensure prompt forwarding of accident reports to Claims Tribunals and insurers.
Motor Accident Claims – Compliance with Section 158(6) MV Act – Mandatory Reporting by Police – Non-compliance addressed – Section 158(6) imposes a statutory duty on the police to repor...
Pre-emption Suit – Non-impleadment of Necessary Party – Decree set aside – Section 21 of Punjab Pre-emption Act – Article 300A of Constitution – Property rights violated - A decree of pre-emption was passed without impleading the appellant who had purchased the property through a registered sale deed and was in possession – Held: Appellant was a necessary party ...