Promotion and Disciplinary Proceedings – Petitioner’s Promotion and Suspension – The petitioner, originally a Forest Ranger, was promoted to Assistant Conservator of Forests (ACF) on an ad hoc basis under a departmental notification dated 26.09.2018 – He was assigned as In-Charge of Kuldiha Wildlife Range, Balasore Wildlife Division – Subsequently, a Memorandum of Cha...
Excise Law – Policy Differentiation – Validity of Restricted Timings – Petitioners challenged Clause 9.8.8 of the Haryana Excise Policy 2024–25, which limited the operational hours of bars and pubs in Panchkula to 12:00 midnight, while allowing extended hours in Gurugram and Faridabad on payment of additional fees – Held: Excise policy can distinguish between district...
Premature Release – Application of Government Policy – Petitioner sought premature release under the 1991 policy of the Punjab Government – Contention on inclusion of parole period in the calculation of actual imprisonment – State's policy changed in 2020 to exclude parole period from actual sentence – Court held the policy at the time of conviction governs premat...
Civil Law - Eviction Proceedings – Scope of Writ Jurisdiction – Article 226 and 227 of the Constitution – Writ Petition Not Maintainable – The High Court’s interference with the Inquiry Officer's jurisdiction in eviction proceedings under Section 105B of the Mumbai Municipal Corporation Act, 1888, was challenged – Held: Judicial orders of civil courts cannot...
Disciplinary Proceedings – Judicial Review Limitations – Petitioner contested disciplinary actions resulting in leave without pay – OFDC Service Rules applicable – Judicial review limited to ensuring fair procedure, not reassessment of evidence – Court unable to alter disciplinary penalties unless they shock conscience [Paras 6-16].
Unauthorized Absence &...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Compensation Claim – Settlement Between Parties – FIR Quashed – Compensation Denied – Petitioner sought increased compensation after settlement and quashing of FIR – Court held that the quashing of FIR nullifies the legal basis for compensation – Petition dismissed [Paras 12–14].
...
Criminal Law – Fair Investigation – Transfer of Investigation – Petition under Article 32 seeking transfer of investigation of FIR No. 400 of 2020 and FIR No. 401 of 2020 from the West Bengal police to an independent agency – Allegations of political vendetta and misuse of state machinery against petitioner, a BJP spokesperson, by respondent No. 7, a TMC MP and former fathe...
Service Law – Regularization of Service – Petitioner seeking regularization of service from 1992 to 2016 on notional basis without financial benefits and from 2016 onwards with financial benefits – Petitioner continuously worked since 1992 – Government had conferred ‘Temporary Status’ in 2013 and regularized service in 2016 – Citing precedents on regulariz...
Charitable Trusts – Cancellation of Registration – Section 12AA(3) – Cancellation Retrospective Effect – Unjustified - The Commissioner of Income Tax (CIT) cancelled the registration of the assessee-society retrospectively for the assessment year 2004-2005 under Section 12AA(3), introduced w.e.f. 01.06.2010 – Held: Retrospective application of cancellation not permiss...
Criminal Law – Summoning Order – Validity – Petition to quash summoning order for offences including fraud and conspiracy – Accused alleged to have falsely claimed educational qualifications to contest elections – Court found prima facie evidence supporting allegations – Magistrate’s procedure in conducting police investigation and recording preliminary ev...