Service Law – Termination – Acquittal in Criminal Case – Petitioner, an Anganwadi Worker, terminated without enquiry due to ACB case pendency – Court held termination illegal post-acquittal in criminal case, emphasizing principle of “innocent until proven guilty” – Mere pendency of criminal proceedings insufficient for termination without due enquiry [Paras 1-18]. 

Disciplinary Action – Principles of Natural Justice – Termination without issuing show cause notice or conducting enquiry violated natural justice – Court directed reinstatement with 50% back wages and service benefits – Highlighted need for fair disciplinary proceedings [Paras 13-18]. 

Decision: Writ Petition Allowed – Impugned termination proceedings set aside – Petitioner to be reinstated with 50% back wages and all service benefits to be computed and paid within four weeks [Paras 17-18]. 

Criminal Procedure Code – Section 145 Cr.P.C. – Opportunity of Hearing – Proceedings under Section 145 Cr.P.C. initiated without proper notice and opportunity to the petitioners – Orders passed in violation of principles of natural justice – Proceedings quashed [Paras 1-14].

Criminal Procedure Code – Section 146 Cr.P.C. – Attachment of Property – Emergency – Magistrate’s power to attach property in case of emergency – Necessary conditions and due process not followed – No emergency situation justifying attachment – Orders quashed [Paras 9-11].

Property Law – Auction Sale – Title Vesting – Auction sale confirmed and sale certificate issued – Title vested in purchaser – Property possession handed over by Advocate Commissioner – Section 30 of Recovery of Debts and Bankruptcy Act, 1993 not availed by aggrieved party – Criminal proceedings under Sections 145 and 146 Cr.P.C. not maintainable [Paras 12-14].

Decision:

Petition allowed – Entire criminal proceedings under Sections 145 and 146 Cr.P.C. quashed – Orders of attachment and appointment of receiver set aside.

Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a person to commit suicide [Paras 1-28].

Legal Principles – Quashing FIR – Section 482 Cr.P.C. – High Court emphasized the parameters for exercising power under Section 482 Cr.P.C. to quash criminal proceedings. Held, FIR and accompanying material must disclose a cognizable offence. Truthfulness or sufficiency of evidence not to be assessed at this stage [Paras 10-29].

Decision – Petition Dismissed – The petitioner directed to appear before the Trial Court. Observations made confined to the disposal of the petition without bearing on the merits of the case [Paras 30-32].

Industrial Law – Misappropriation of Funds – Disciplinary Proceedings – Evidence – Appeal against the setting aside of the compulsory retirement of a bank employee – Allegations of misappropriation of funds by the cashier – Inquiry conducted by the bank found the allegations proved – Industrial Tribunal found the inquiry to be defective and set aside the punishment – High Court upheld the Tribunal’s decision, noting the absence of examination of complainants and reliance on unverified letters [Paras 1-14].

Preliminary Inquiry – Defective Inquiry – Tribunal found the domestic inquiry to be unfair and improper – Management failed to adduce additional evidence before the Tribunal – Principle that Tribunal must first consider validity of domestic inquiry and then allow management to present evidence if inquiry is found defective – In this case, Tribunal’s order was upheld due to lack of proper challenge to preliminary findings [Paras 6-13].

Burden of Proof – Tribunal’s reliance on evidence led during domestic inquiry despite declaring it defective – Emphasis on management’s duty to substantiate claims with valid evidence when preliminary inquiry is found defective – High Court reiterated the need for due process in disciplinary proceedings [Paras 8-12].

Decision: Appeal dismissed – Tribunal’s order of reinstatement with 50% back wages affirmed – Bank’s negligence in challenging the preliminary order noted as critical in the decision [Paras 13-14].

Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their rights due to State Government’s concession – Held, Terai Tea had no right, title, or interest in the subject land as possession was taken by the Defence Estate in 1972 – Renewal of lease by State Government in 1976 was invalid as Terai Tea was not in possession – Orders under review recalled [Paras 1-50]. 

Review Jurisdiction – Error Apparent on the Face of Record – Non-party Review Applicants – Supreme Court precedents allow review by non-parties if adversely affected – Error in the original orders recognized, as State Government’s concession was beyond its delegation authority – Principles of Order 47, Rule 1, CPC applied, allowing review due to mistake of fact and law [Paras 35-51]. 

Decision: Review allowed – Orders dated November 21, 2016, and December 6, 2016, recalled – State Government’s direction to initiate proceedings under the Act of 2013 set aside – Review application and connected applications disposed of without costs [Paras 50-51]. 

Interim Injunction – Prima Facie Case and Balance of Convenience: Temporary injunction granted in favour of plaintiffs on the application filed under Order 39, Rule 1 & 2 read with Section 151 CPC. The trial court found that the plaintiffs, having purchased the property and the petrol pump through a registered sale deed, were in possession of the same and the injunction was necessary to prevent interference by the defendant-appellant [Paras 1-10].

Pre-Institution Mediation – Urgent Interim Relief Exception: Section 12A of the Commercial Courts Act, mandating pre-institution mediation, is not applicable when urgent interim relief is sought. The court held that the urgency of preventing interference in the operation of the petrol pump justified bypassing mediation [Paras 10-12].

Remedy Against Ex-Parte Injunction – Order 39 Rule 4 CPC: The court emphasized that the appropriate remedy for the defendant-appellant against an ex-parte injunction is to file an application under Order 39, Rule 4 CPC to vacate or vary the injunction. The appeal was dismissed on the grounds that a statutory remedy was available and had not been exhausted [Paras 11-13].

Decision: First appeal from order dismissed. Defendant-appellant directed to seek relief by applying to the trial court under Order 39, Rule 4 CPC [Para 13].

Lok Adalat Awards – Legitimacy of Settlements – The RSRTC challenged the National Lok Adalat awards on the grounds that the counsel who signed the settlements was unauthorized. The court held that the awards, passed under the RSRTC's policy allowing reinstatement without back wages, were valid and binding. It emphasized that Lok Adalat awards have the same finality as a civil court decree under Section 21 of the Legal Services Authorities Act, 1987. RSRTC's plea to invalidate the awards on technical grounds was rejected [Paras 1-25].

Estoppel Against RSRTC – The court noted that RSRTC's actions, including not challenging the panel counsel who signed the settlement and continuing to entrust him with further briefs, amounted to estoppel. RSRTC cannot disown the consent given before the Lok Adalat and must adhere to the settlement [Paras 12-15].

Finality and Binding Nature of Lok Adalat Awards – The awards passed by the Lok Adalat are final and binding as per Section 21 of the Legal Services Authorities Act, 1987. The court reinforced that such awards should not be overturned on technicalities unless fraud or jurisdictional issues are evident [Paras 18-23].

Decision: The writ petitions filed by RSRTC against the National Lok Adalat awards were dismissed. The petitions by workmen for the implementation of the awards were allowed, with the court directing RSRTC to implement the awards within three months, failing which the workmen would be entitled to compensation of Rs. 50,000 each [Paras 23-26].

Criminal Law – Rape and Aggravated Sexual Assault – Conviction Affirmed: Appellant convicted of raping a 7-year-old girl (P.W.2) and attempting to rape another minor (P.W.3) – Conviction based on the consistent and reliable testimonies of the victims, corroborated by medical evidence showing physical injuries consistent with sexual assault – Defense’s argument of false implication due to family disputes was rejected [Paras 1-30]. 

Witness Testimony – Reliability and Consistency: Sole eyewitnesses, the minor victims, provided consistent accounts of the assault – Testimonies of P.W.1 (mother of P.W.2) and P.W.4 (father of P.W.3) corroborated the victims' statements – Medical evidence confirmed injuries consistent with rape and attempted rape – Court held the victim testimonies as reliable and credible [Paras 10-21]. 

Procedural Compliance under POCSO Act: Delay in recording victim testimonies justified due to administrative constraints and the accused’s delay in engaging counsel – The court found the explanation for the delay plausible and not detrimental to the prosecution's case [Paras 29-30]. 

Decision: Appeal dismissed – Conviction and sentence of life imprisonment for the appellant affirmed – Appellant granted liberty to seek state government remission of the sentence considering mitigating factors and time already served [Para 31]. 

Rent Control – Bonafide Requirement – Eviction of Tenant –

Plaintiffs sought eviction of defendant from the suit premises for bonafide personal need and office use – Defendant contended possession of entire ground floor, claimed misrepresentation of facts – Courts below found plaintiffs’ requirement genuine and bonafide – Defendant’s claim of occupying four blocks without evidence rejected – Eviction upheld [Paras 1-25].

Nuisance and Annoyance – Tenant’s Conduct –

Defendant obstructed plaintiffs’ entry to the suit premises – Defendant falsely claimed entire property as tenancy, though only two blocks were rented – Conduct amounted to nuisance and annoyance – Eviction justified [Paras 26-29].

Default in Rent Payment – Tenant’s Obligation –

Defendant failed to pay rent after April 2009 and did not deposit arrears upon suit summons – Ground for eviction valid under MRC Act – Non-payment established [Paras 30-31].

Decision:

Writ Petition dismissed – Eviction decree upheld – Costs of Rs. 25,000 imposed on Petitioner-Defendant – Respondents entitled to withdraw deposited amounts with interest [Paras 32-33].