Service Law - Payment of Gratuity – Delay in Payment – Interest on Gratuity – Appeal Dismissal – Petitioner, a retired Professor and Head of Anesthesia Department at Gujarat Cancer and Research Institute, sought interest at 10% on the delayed payment of Rs. 10,00,000 in gratuity for the period from 01.05.2018 to 31.08.2021 – Gratuity amount enhanced by amendment to Rs. 20,00,000 on 29.03.2018, but the Respondent only paid Rs. 10,00,000 initially – The Petitioner was paid Rs. 10,00,000 in arrears with interest only from 01.09.2021 to 04.03.2022 – Controlling and Appellate Authorities both denied interest for the period from 01.05.2018, citing the petitioner's retirement date as 28.02.2018, preceding the amendment – Held: No illegality in the denial of additional interest as retirement benefits were calculated based on the date of superannuation and subsequent extension of service till 30.04.2018 was not to be considered for gratuity purposes [Paras 1-7].

Retirement Date – Applicability of Gratuity Amendment – The Petitioner retired from service on 30.04.2018, but the actual date of superannuation was 28.02.2018 – The gratuity amendment increasing the limit to Rs. 20,00,000 came into force on 29.03.2018 – Controlling and Appellate Authorities concluded that the petitioner was not entitled to enhanced gratuity since the retirement date for gratuity purposes was 28.02.2018 – Service extension until the end of the academic term under the State's G.R. did not affect gratuity calculations [Paras 5, 6].

Interest on Delayed Gratuity – Legal Entitlement – Petitioner claimed interest on the balance Rs. 10,00,000 for the period between 01.05.2018 and 31.08.2021 – Controlling Authority awarded interest only from 01.09.2021, when the Form-N application was filed – Appeal seeking interest from 01.05.2018 dismissed by the Appellate Authority, and subsequently by the High Court – Held: No entitlement to interest for the period before 01.09.2021 as the delay was not due to Respondent's fault but procedural requirements related to the extension of service [Paras 4-7].

Decision: Petition dismissed – Controlling and Appellate Authority orders upheld – Petitioner not entitled to interest from 01.05.2018 to 31.08.2021 [Paras 7].

Registration of Sale Deed – Duty of Sub-Registrar under Section 71 of Registration Act, 1908 – Sub-Registrar, Renigunta, refused to accept the sale deed dated 05.08.2024, presented by the petitioner, without providing any reasons – Petitioner challenged the refusal, relying on the judgment of the Andhra Pradesh High Court in Salimeni Ravindra v. State of Andhra Pradesh (W.P.No.10392 of 2021) – Court emphasized the duty of the Sub-Registrar to either register the document or issue a speaking order recording reasons for refusal in Book No.2, with an endorsement "registration refused" – Held: Sub-Registrar is directed to process the sale deed or issue a speaking order as per law [Paras 1-7].

Obligation of Sub-Registrar under Registration Act – Reliance on Prior Case Law – Court refers to the judgment in Salimeni Ravindra v. State of Andhra Pradesh, holding that the Sub-Registrar is under a statutory duty to process documents presented for registration unless there are valid legal grounds for refusal, which must be recorded in writing – Sub-Registrar is bound to comply with the procedure established under Rules 161-164 of the Registration Act [Paras 3-5].

Decision: Writ Petition allowed – Sub-Registrar directed to process the sale deed dated 05.08.2024, or issue a speaking order within four weeks, stating reasons for refusal if applicable – Court also directs the petitioner to submit a copy of this order and the judgment in Salimeni Ravindra to the Registrar for future reference [Para 8].

Constitutional Law – Violation of Articles 14 and 19(1)(g) – Challenge to deduction of 1% Labour Cess by the government from contractors’ bills – Absence of specific contract provisions for such deductions – Petitioners, engaged in various infrastructure projects, claim deductions are illegal and arbitrary – Relying on prior judgment (Ch.V.V. Subba Rao), court finds in favor of petitioners – Held, government cannot deduct cess without inclusion in contract estimates [Paras 5-12].

Labour Cess Act 1996 – Applicability to infrastructure contracts – Petitioners argue Labour Cess was not included in original contract estimates for works initiated before the amendment of rules in 2007 – Court reiterates principle that deductions for Labour Cess can only be made if explicitly provided for in contract – Judgment in prior case deemed applicable – Relief granted [Paras 8-10].

Decision – Writ Petition Allowed – Held, 1% Labour Cess cannot be deducted from contractors’ bills unless explicitly factored into contract estimates – Government directed to cease further deductions and refund amounts already deducted – No order as to costs [Para 13].

University Regulations – Post-Publication Review – Retrospective Application – Petitioner challenged the suo motu review conducted by the University, which led to the reduction of her CGPA and resulted in her demotion from First Class First to First Class Second – University cited a resolution passed on December 24, 2018, requiring a review of the top three examinees if a post-publication review affected the First Class First position – Court held that the retrospective application of the resolution, which was not in effect at the time of the petitioner's result publication, was impermissible [Paras 1-50].

Resolution and Fairness – Suo Motu Review – Court observed that the University’s action of conducting a suo motu review without the petitioner’s consent or prior notice violated principles of natural justice – University’s retrospective application of the December 24, 2018 resolution was deemed improper as the petitioner’s results were published prior to the resolution’s enactment [Paras 25-35].

Relief Granted – Award of Gold Medal – While the court acknowledged the higher CGPA of Respondent No. 7 following the review, it ordered that Respondent No. 7 be declared First Class First and awarded the Gold Medal – As a special case, the court also directed that the petitioner be awarded a Gold Medal, but her merit position would remain as First Class Second [Paras 45-50].

Decision:

Writ Petition disposed of – University directed to award Gold Medals to both Respondent No. 7 and the petitioner, with the petitioner retaining the second position in the merit list.

Promotion – Effect of Minor Penalty (Censure) – The Writ Court quashed the departmental proceedings and the penalty of "censure" imposed on the respondent, directing his promotion to the post of DGM (ATC) w.e.f. 01.10.1999 – Appellants argued that the "censure" penalty was a valid impediment to promotion – Court held that the respondent was not entitled to promotion in light of the penalty, and that the "censure," being a blameworthy factor, justified denying promotion – Writ Court’s decision to quash the penalty without examining its legality was improper [Paras 1-40].

Departmental Proceedings – Delay and Procedural Fairness – Respondent alleged that the six-month delay in initiating the departmental enquiry deprived him of his right to a speedy conclusion of the proceedings – Appellants argued that the proceedings were completed within a reasonable time frame (1.5 years), and the minor penalty imposed was warranted – Court concluded that the delay was not sufficient to invalidate the enquiry or the penalty imposed [Paras 20-30].

Applicability of Order II Rule 2 CPC – Court observed that the respondent had the opportunity to challenge the departmental proceedings in a previous writ petition (SWP No. 893/2005) but chose not to – As per Order II Rule 2 of the CPC, the respondent was estopped from raising the same challenge in a subsequent petition (SWP No. 862/2009) [Paras 31-35].

Decision: Appeal allowed – Writ Court’s judgment set aside – Departmental proceedings and the penalty of "censure" against the respondent upheld – Respondent not entitled to promotion to the post of DGM w.e.f. 01.10.1999.

Criminal Law – Corruption – Sections 120-B, 420 IPC and Section 13 of the Prevention of Corruption Act – Allegations of conspiracy and wrongful loss – Held, the prosecution alleged that the applicants conspired to manipulate tender procedures and awarded contracts for substandard Digital Display Boards for the SAFAR project, causing a loss of ₹2.50 crores to IITM. However, the court found no direct or circumstantial evidence suggesting any financial gain to the applicants. The court also noted that the procurement process was approved by committees and the Director of IITM, with no irregularities in the decision-making process. [Paras 20-80].

Administrative Law – Departmental Exoneration – Effect on criminal prosecution – The court noted that Applicant No. 2 (Vipin Mali) had been exonerated in a departmental enquiry on identical charges, and this exoneration on merits raised doubts about the likelihood of securing a conviction in criminal prosecution. The court referred to the standard of proof required in criminal cases, which is higher than that in departmental proceedings. [Paras 90-105].

Judicial Precedent – Radheshyam Kejriwal case – Impact of exoneration in disciplinary proceedings – The court cited Radheshyam Kejriwal v. State of West Bengal, holding that where exoneration in departmental proceedings occurs on merits, it can significantly affect the continuation of a criminal prosecution based on the same facts. The court ruled that continuing the prosecution would amount to an abuse of the legal process. [Paras 110-125].

Decision:

Applications Allowed – Discharge Granted – The court discharged both applicants, setting aside the trial court’s orders rejecting their applications for discharge. The prosecution had insufficient evidence to proceed against the applicants, particularly in light of Applicant No. 2's departmental exoneration. [Paras 130-135].

Criminal Law – Murder Conviction – Reversal on Appeal – Appellant convicted for the murder of the deceased by severing his head with a chopper – Trial court sentenced him to life imprisonment – On appeal, High Court finds that key witnesses (P.W. 1, P.W. 2, P.W. 6) were unreliable and inconsistent with the prosecution's case – Confessional statement and recovery of the chopper failed to substantiate the conviction in the absence of corroborative evidence – Held: Prosecution failed to prove its case beyond reasonable doubt [Paras 1-50].

Witness Testimony – Credibility of Eye-Witnesses – P.W. 1 (wife of the deceased) and P.W. 6 (brother of the deceased) claimed to be eye-witnesses but their statements were inconsistent with the FIR and later depositions – Investigating Officer (P.W. 10) confirmed that these witnesses had not initially claimed to have seen the incident – Court found that the witnesses developed their version during the trial, undermining the credibility of their testimonies [Paras 25-40].

Circumstantial Evidence – Recovery of Chopper – Chopper was recovered from the appellant’s house, allegedly based on his confessional statement – However, the seizure list was incomplete, and the mere presence of blood on the chopper (as reported by the FSL) was insufficient to prove guilt without corroborative evidence – Motive related to a land dispute was vaguely stated and not conclusively proved [Paras 35-50].

Decision: Appeal allowed – Conviction and sentence under Section 302 IPC set aside – Appellant acquitted – Appellant to be released from custody immediately if not wanted in any other case.

Criminal Law – Abduction and Murder – Section 364A and 302 IPC – Conviction based on circumstantial evidence – Held, the prosecution established that the appellants abducted the victim for ransom, and when they failed to extort money, they murdered him. Despite no direct evidence of the murder, the chain of circumstantial evidence and the appellants' failure to provide an alternative explanation justified conviction. The Court upheld the trial court’s reliance on the confession under Section 27 of the Evidence Act, leading to the discovery of the dead body. [Paras 28-68].

Criminal Law – Section 27 of the Evidence Act – Admissibility of disclosure leading to the recovery of a dead body – The Court affirmed that the recovery of the dead body following the accused’s disclosure was admissible, even though the body was found in an open area. The proximity between the abduction and recovery of the body supported the reliability of the disclosure. [Paras 50-62].

Motive – Establishing motive in cases of circumstantial evidence – Although the prosecution could not fully establish a motive, the appellants’ actions during and after the abduction pointed to a criminal intention, which negated the need for a distinct motive to commit murder. The demand for ransom and the subsequent killing to evade capture sufficed as inferred motives. [Paras 69-75].

FIR and procedural fairness – Alleged delay in FIR registration – Held, the FIR was registered promptly after the incident, and any minor procedural delays in the investigation, including sending the FIR to the Magistrate, did not affect the prosecution's case. The court rejected the appellants' claim of FIR manipulation. [Paras 76-88].

Judicial Precedent – Reliance on circumstantial evidence and recovery under Section 27 Evidence Act – The Court referred to Sharad Birdhichand Sarda v. State of Maharashtra and State of W.B. v. Mir Mohammad Omar, supporting the conviction based on circumstantial evidence when the accused failed to explain the victim’s fate after the abduction. [Paras 89-102].

Decision: Appeal Dismissed – The Court upheld the trial court’s conviction and sentence of life imprisonment, finding sufficient circumstantial evidence to support the conviction for abduction and murder. [Paras 103-110].

Criminal Law – Maintenance – Section 125 CrPC – Enhancement of Maintenance – Whether the monthly maintenance of ₹5000 awarded under Section 125 CrPC should be enhanced – Held, the Court considered the financial status of both parties, inflation rates, and the prevailing standard of living, ruling that the ₹5000 awarded by the Family Court was insufficient – Maintenance was enhanced to ₹7500 per month, subject to adjustment with the maintenance under the Protection of Women from Domestic Violence Act – [Para 12-14].

Maintenance – Adjustments under Different Statutes – The respondent contended that the ₹7500 awarded under the Domestic Violence Act should be considered and adjusted – The Court agreed, stating that maintenance orders under different statutes should be harmonized to avoid duplication – Accordingly, the revised amount is subject to adjustment against the ₹7500 already granted under the Domestic Violence Act – [Para 14].

Loan Deduction – Impact on Maintenance – The respondent argued that loan repayments for house construction, reducing his net income, should be factored into the maintenance calculation – The Court rejected this argument, noting that loan deductions undertaken voluntarily after separation cannot be considered mandatory statutory deductions and should not reduce the maintenance obligation – [Para 15].

Decision: Revision allowed – The monthly maintenance under Section 125 CrPC is enhanced from ₹5000 to ₹7500, subject to adjustment with the amount awarded under the Domestic Violence Act. The enhanced maintenance will take effect from the date of the original application.