Service Law – Writ - Army Officer Dismissal – Refusal to Participate in Regimental Religious Rituals – Dismissal Upheld – Petitioner, a Christian Army officer, declined to enter the sanctum sanctorum of Mandir/Gurudwara during religious parades citing faith-based reasons – Held: His conduct constituted willful disobedience of lawful command under Section 41 of the Arm...
Service Law – Non-disclosure of Criminal Case – Minor Offence – Appointment Restored – The appellant-State challenged the order directing appointment of a Scheduled Caste candidate on the ground of alleged suppression of a pending criminal case in the verification form – Held: The criminal case pertained to minor offences arising from a boundary wall dispute and was n...
Environmental Law – PIL - Marine Fishing – LED Fishing, Bull Trawling and Pair Trawling Ban – Rule Made Absolute – Petitioners challenged large-scale illegal fishing using LED lights, DG sets, and banned trawling methods despite statutory prohibitions – Held: Ban orders issued in 2016 (State) and 2017 (Centre) were binding – DG sets were found used only to power...
Constitutional Law – Public Interest Litigation – Heritage Site Modification – Chandigarh Administration challenged High Court orders directing construction of verandah in front of Court Room No. 1 and laying of green paver blocks for parking – High Court issued writs of mandamus emphasizing public utility and sustainable development – Supreme Court upheld both direct...
Writ - Designation of Senior Advocates – Validity of Indira Jaising Guidelines – Guidelines Partially Overruled – Supreme Court revisits framework laid down in Indira Jaising-1 and Indira Jaising-2 – Held: 100-point assessment and interview system found unworkable and subjective – Paragraph 73.7 of Indira Jaising-1 deleted – New rule-based regime to be framed by...
Civil Writ - Land Transfer by Tribals – Validity of Rule 4(1)(a)(i), 1975 Rules – Challenge Dismissed – Petitioner challenged the prohibition on transfer of tribal land to non-tribals for agricultural use – High Court held that the restriction under Rule 4(1)(a)(i) requiring land to be used only for non-agricultural purposes post-transfer was constitutionally valid – ...
Criminal Law – Transfer of Investigation - Suspicious Death – Alleged Harassment in Public Undertaking – CBI Investigation Ordered - The deceased Vimal Negi, a GM at HPPCL, allegedly faced sustained pressure to approve irregular financial decisions – Inquiry by Additional Chief Secretary (Home) confirmed misconduct by senior officers – Report suppressed by State and i...
Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued...
Land Assignment – Interpretation of “Shop Sites” – Petroleum Outlet Not Barred – Writ Allowed – Petitioner sought NOC to establish petroleum outlet on assigned land – Application rejected by ADM citing Government Order interpreting “shop sites” as “small shops” – High Court held: Rule 3 of the Special Rules, 1993 does not rest...
Service Law - Termination – Loss of Lien under Standing Orders – Clause 19(ii) Invoked – Termination Upheld – Petitioner, a confirmed workman, remained absent unauthorisedly from 01.10.1990 and was struck off from rolls on 26/28.02.1991 under Clause 19(ii) of HAL Standing Orders – Held: Management had two procedural options – either initiate disciplinary enquiry...