Municipal Employment – Daily Wage Workers – Regularization – Employer-Employee Relationship – Perennial Duties – Labour Contract Society Plea Unsupported – 28 Years of Continuous Service – Application of SC Judgment in Shripal v. Nagar Nigam, Ghaziabad – Award Granting SSR Wages and Regularization Upheld – Writ Appeal Dismissed [Paras 7–1...
Income Tax – Reassessment – Mandatory Service of Notice – Jurisdictional Error – Notices under Sections 148 and 142(1) issued on obsolete e-mail despite assessee updating communication details – Held: Service of notice under Section 148 is a condition precedent and must be effected strictly as per Section 282 read with Rule 127 – Absence of valid service renders...
Service Law – Disciplinary Proceedings – Natural Justice – Non-supply of Audit Report & Accounts – Absence of Personal Hearing – Rule 16(ii) of Helpers Service Rules – Opportunity of Hearing Must be Read Into the Statute – Disciplinary Orders Unsustainable – Writ Appeal Dismissed [Paras 7–8].
Natural Justice – Audi Altera...
Service Law – Dismissal – Unauthorised Absence – Back Wages – “No Work No Pay” – Earlier LPA Granted Only Pensionary Benefits – No Direction for Back Wages – Employee Did Not Perform Duty for Period 09.06.2001–22.10.2007 – Held, Dependents Not Entitled to Back Wages; Treatment of Absence as Duty Without Pay for Pension Purposes Prop...
Environment & Wildlife Protection – Saranda Forest – Mandamus directing Jharkhand to notify 31,468.25 ha (minus six mining-zone compartments) as Wildlife Sanctuary – State’s shifting stands deprecated – FRA rights fully protected – Mining prohibited within 1 km of boundary – Ancillary SAIL infrastructure unaffected [Paras 45–47, 72, 83–101,...
GST – Fake ITC fraud – Writ jurisdiction declined – Petitioner mastermind behind 100+ bogus firms – Cross-examination not an absolute right – Proper officer competent – Alternate remedy under Section 107 available – Petition dismissed [Paras 16–33].
GST – Fake Firms and Fraudulent ITC – Petitioner a Mastermind – Extensi...
Judicial Service – Temporary Promotion – Rule 31(a)(i) KS&SSR – Rule 8 Judicial Ministerial Rules – Government Circulars of 1997 & 2008 banning temporary promotion cannot override statutory rules – Vacancies in Bench Clerk Grade-I causing administrative stagnation due to disproportionate cadre strength – Government’s 19.07.2025 communication allowi...
Service Law – Recovery from Salary – Theft of Stock – Absence of Notice & Enquiry – No Responsibility Fixed – Executive Engineer’s Recommendations Ignored – Principles of Natural Justice – Held: Petitioner cannot be held liable for thefts; unilateral recovery illegal; order quashed; Corporation directed to refund recovered amount with interest [P...
Tenancy Law - Lease Rent Demand – One-time Lease Rent – Delay in Payment – Petitioner deposited one-time lease rent equivalent to 11 annual instalments on 08.01.2007 in accordance with prevailing GNIDA policy – Lease rent was payable by 16.01.2007, and payment made on 08.01.2007 was within the stipulated period – Held: There was no default attracting penal consequence...
Criminal Law - SC/ST Act – Recommendation for FIR – Jurisdiction of Commission – Order dated 05.01.2018 passed by Member of National Commission for Scheduled Castes recommending registration of FIR under SC/ST Act against DDA official (Karamvir Narwal) and restoring vendor’s permission challenged – Held: NCSC is empowered to recommend enquiry but cannot direct FIR reg...