Suspension Order and Employee Rights – Appeal against temporary injunction preventing the appellant from obstructing the respondent's office work – Challenge to the legality of the suspension order issued by the appellant organization – Alleged procedural irregularities and bias in suspension proceedings. [Paras 2-5, 20-23, 26-27, 29-31, 33-34, 36-37, 39, 43-44, 46-47, 49]

Appellant's Contentions – Appellant argued that suspension followed due process, supported by organizational bye-laws, and was not a punishment but a necessary step for disciplinary proceedings – Reliance on various judicial precedents to justify suspension order's validity. [Paras 6-14, 40-42]

Respondent's Arguments – Respondent contended suspension was without proper authorization and lacked procedural fairness – Alleged absence of board authorization for the suspension, with subsequent ratification being void – Emphasized the need for reasonable opportunity to respond to allegations. [Paras 20-25, 43, 45]

Court Analysis – Detailed examination of organizational bye-laws and personnel policies – Consideration of the factual matrix, including immediate responses to memos, and the absence of prior documentation of misconduct – Determination that suspension lacked adequate procedural justification, appeared pre-determined, and lacked immediate ratification. [Paras 28-31, 33-34, 36-38, 43-44, 46-48]

Judgment – Appeal dismissed, upholding the Trial Court's decision granting temporary injunction – Direction to appellant to pay subsistence allowance to respondent in accordance with law. [Para 49]

Common Issues in Two Petitions – Consolidated Order – Common Issue regarding the validity of the selection process for LPG distributorship – Facts primarily drawn from CWP-9511-2018. [Para 1]

Selection Process for LPG Distributorship – Advertisement and Guidelines – Indian Oil Corporation Ltd. (Corporation) Advertisement (2013) – Withdrawal and reissue of advertisement – Petitioner and respondent No.4's participation – Lease deed and selection of respondent No.4 – Cancellation and reinstatement of respondent No.4's selection based on various guidelines and instructions from the Ministry of Petroleum and Natural Gas. [Paras 2, 5-8, 10-12, 14-15]

Eligibility and Land Lease Criteria – Lease Deed Validity – Respondent No.4 as Sole Lessee – Requirement of notarized affidavits from co-owners (lessors) of the leased land – Misreading of guidelines by petitioner – Respondent No.4's compliance with brochure requirements. [Paras 9, 11]

Guidelines of March 2015 – Applicability and Curable Deficiencies – Acceptance of NOC Post-Application – Guidelines declaring certain deficiencies as curable – 'NOC' from co-owners considered a curable defect – Respondent No.4 cured defect before Field Verification Check (FVC). [Paras 14-15]

Mortgage of Leased Land – No Breach of Guidelines – Alternative Land Offered – Respondent No.4’s lease deed not invalidated by prior land mortgage – Acceptance of alternative land by IOC for LPG godown. [Para 16]

Decision – Dismissal of both petitions – Respondent No.4's selection for LPG distributorship upheld – Petitions dismissed based on proper application of relevant guidelines and absence of procedural impropriety. [Para 17]

Summoning of Additional Accused - Challenge against the summoning order under Section 319 Cr.P.C. by the petitioners in a case of alleged assault and death - FIR registered for various offenses including murder, rioting, and criminal conspiracy - Petitioners exonerated in initial investigation but summoned based on complainant's statement. [Paras 1-2]

Investigation and Final Report – The investigating agency, after thorough investigation, exonerated the petitioners, submitting a final report against other accused - Complainant's application under Section 319 Cr.P.C. for summoning additional accused accepted by trial court - Present criminal revision petition filed against this order. [Para 3]

Legal Arguments and Precedents – Petitioners' counsel argued against the sustainability of summoning order in absence of cogent evidence - Reliance on Supreme Court judgments emphasizing the necessity of strong evidence for summoning additional accused under Section 319 Cr.P.C. - Response by complainant's counsel highlighting prima facie satisfaction for summoning and reliance on Supreme Court judgment for interpretation of 'evidence' under Section 319 Cr.P.C. [Paras 3-4]

Court’s Analysis and Decision – Examination of the complainant's statement in trial court revealed reiteration of FIR contents without specific role attribution to petitioners - No substantial new evidence against petitioners in trial - Trial court's duty to evaluate material against persons sought to be summoned - High Court set aside summoning order under Section 319 Cr.P.C. for lack of credible material against petitioners. [Paras 6-9]

Principle Upheld – Power under Section 319 Cr.P.C. is discretionary and extraordinary, to be exercised on the basis of material available during trial - Absence of credible evidence against a person sought to be summoned warrants non-exercise of this power. [Paras 7-9]

Decision: Impugned summoning order dated 02.06.2022 set aside; petition allowed.

Land Tenure – Gair Marusi Status – Petitioners challenging eviction orders on the basis of being Gair Marusi over petition lands – Concurrent eviction verdicts from lower authorities against petitioners – High Court examined the status and rights of petitioners as tenants and the ownership of Gram Panchayat over disputed lands. [Paras 1-3, 5-6]

Legal Interpretation – Interpretation of Annexures P-1 and P-2 – High Court considered the implications of previous court decisions affirming petitioners as tenants – Analysis of Gram Panchayat's right to seek eviction in accordance with law as outlined in operative part of Annexure P-1 and confirmed by Annexure P-2. [Para 6]

Tenancy and Eviction – Validity of Eviction Process – Assessment of petitioners' claim of tenancy and the subsequent eviction process – High Court's rationale for upholding the eviction orders against the petitioners, who are not owners but tenants of the disputed lands under Gram Panchayat. [Paras 7-8]

Judgement – Dismissal of Petition – High Court finds no merit in the petition, affirming the eviction orders (Annexures P-3 and P-4) – Petitioners' challenge to eviction on the basis of being Gair Marusi and tenants dismissed. [Para 9]

Witness – Petitioners challenge the order allowing examination of an additional witness, Surinder Pal Singh, in a case of assault – Trial court's decision upheld as the examination of the witness deemed essential for a just decision of the case. [Para 1, 4-6, 16]

Investigation – Role of Investigating Officer and Importance of Witness Testimony – Critique of Investigating Officer's omission to include the neighbour's testimony initially – Emphasis on the necessity of the neighbour's testimony for establishing the truth of the incident. [Para 7.1, 7.2, 7.3, 15]

Legal Principle – Application of Section 311 Cr.P.C. – Supreme Criminal Procedure – Section 311 Cr.P.C. – Examination of Additional Court's guidelines on the use of Section 311 Cr.P.C. for summoning or recalling witnesses at any stage of the trial – Purpose to aid in the discovery of truth and ensure justice. [Para 10-14]

Judicial Discretion and Fair Trial – Exercise of discretion under Section 311 Cr.P.C. should be guided by the essentiality of evidence for a just decision – The right of the accused to a fair trial considered in conjunction with the pursuit of truth. [Para 11, 13, 14]

Decision – High Court finds no merit in the petition – Upholds the trial court's order for the examination of additional witness Surinder Pal Singh, stating it necessary for a just decision and causing no prejudice to the defense. [Para 17]

Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. [Paras 3, 4]

Procedural Lapse in Summoning Process - The court noted the failure to follow the mandatory drill of Section 202 of the Cr.P.C. before issuing summoning orders against petitioners residing outside the local jurisdiction of the trial court. The court highlighted the importance of this procedural requirement, especially in the context of senior citizens and non-resident accused. [Paras 5, 9, 10, 11]

Corporate Insolvency and Liability - The petitioners argued that due to corporate insolvency proceedings initiated against HDIL, the directors were not liable for the dishonoured cheques. However, the respondent emphasized that the insolvency proceedings did not absolve the petitioners of their responsibilities under the NI Act. [Paras 4, 7]

Remand for Fresh Consideration - The court set aside the summoning orders and remanded the matter back to the Judicial Magistrate for fresh consideration in accordance with Section 202 of the Cr.P.C. The court refrained from commenting on the merits of the case to prevent any prejudice during the trial. [Paras 12, 13, 14

Medical Examination – Government Recruitment – Petition challenging Review Medical Examination Report dated 21.12.2023 declaring petitioner unfit due to hypertension and tachycardia – High Court noted failure to follow required regulations/guidelines for hospitalization and observation before final opinion – Set aside report – Directed reconstitution of Review Medical Board to re-examine petitioner in accordance with guidelines dated 31.05.2021 – Further action to follow based on new findings. [Paras 1-5]

Administrative Law – Compliance with Guidelines – Petitioner’s right to fair medical examination process in government recruitment – High Court emphasized necessity for adherence to procedural guidelines ensuring fairness – Directed fresh medical board examination with required observation and hospitalization – Non-compliance with procedural guidelines leading to setting aside of previous report. [Paras 3-4]

Judicial Review – Medical Fitness – Court’s intervention in medical fitness assessments for government recruitment – Addressed procedural lapses in medical evaluations – Reinforced need for transparent and standardized medical review procedures. [Paras 3-5]

Decision:Held: Petition allowed – Report of Review Medical Board dated 21.12.2023 set aside – Fresh Review Medical Board to be constituted within two weeks – Petitioner to be given at least four days advance notice – If found fit, further action to be taken in accordance with rules – Petition disposed of. [Paras 4-5]

Anticipatory Bail in Economic Offenses – Fraudulent Input Tax Credit Claim – Involvement of Chirag Goel and Chaman Goel in a GST Input Tax Credit fraud of Rs.200 crores – Accused obtained anticipatory bail which was challenged by the Directorate General of GST Intelligence (DGGI) due to the serious nature of the economic offense and the attempt by Chaman Goel to leave the country, violating bail conditions. [Paras 1-2, 13-16, 20-21, 30]

Applicability of Section 438 CrPC – Supreme Court's decision in Choodamani Parmeshwaran Iyer restricting anticipatory bail in CGST Act offenses – However, the court held that the ruling does not have retrospective operation and that Article 226 empowers granting pre-arrest protection. [Paras 7-11]

Invalidity of Anticipatory Bail – Cancellation of anticipatory bail granted to Chirag Goel and Chaman Goel due to their involvement in large scale economic fraud and evasion of summons – Court highlighted the distinction between anticipatory and regular bail in economic offenses, citing P. Chidambaram v. Directorate of Enforcement. [Paras 12, 25-27, 30]

Factual Analysis of Fraud – Seizure of spurious smoking mixtures, fraudulent transactions for Input Tax Credit, and lack of actual business operations by M/s Radiant Traders and M/s Harsha International – Utilization of cigarettes as raw material for ‘smoking mixture’ to fraudulently claim Input Tax Credit. [Paras 14, 16, 18-19, 28-29]

Decision – Appeals of DGGI allowed, anticipatory bail of Chirag Goel and Chaman Goel cancelled – CRL.M.C.6431/2023 filed by Chaman Goel dismissed – Observations made for bail decision not to be construed as an expression on the merits of the case. [Paras 30-33]

Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]

Legal Marriage – Invalidity of marriage between prosecutrix and accused – Prosecutrix's prior marriage still subsisting, no divorce obtained – Marriage post-FIR registration raises doubts about its validity and bona fides – Nikahnama dated 28.10.2022 between prosecutrix and accused under suspicion – Prosecutrix’s conversion to Islam for marriage does not validate the union legally. [Para 112(4), 112(5)]

Judicial Error – Incorrect factual representation in interim bail order – Sessions Court misstated prosecutrix's marital status and relationship with the accused – Correct understanding of facts critical for fair judicial process – Need for accuracy in judicial proceedings emphasized. [Para 37, 38]

Quashing of FIR – Non-applicability in cases with serious allegations like rape – Subsequent marriage between prosecutrix and accused does not warrant automatic quashing of FIR – Quashing on grounds of compromise requires scrutiny of bona fides and legal validity of marriage – Manipulation of judicial system by parties in a rape case addressed. [Para 112, 113, 115]

Religious Conversion for Marriage – Guidelines for informed consent and understanding – Necessary explanation of legal, religious, and marital consequences of conversion – Conversion for marriage purposes requires comprehensive understanding and voluntary consent – Guidelines laid down for religious conversions solely for marriage. [Para 80-101]

Prosecutrix Misconduct – Misguiding police and courts – Non-disclosure of crucial information like marriage and conversion – False representation in legal proceedings – Conduct of prosecutrix questioned due to inconsistent statements and misleading actions. [Para 112(2)]

Accused Conduct – Lack of transparency in revealing marriage and previous compromise – Delayed disclosure of crucial facts to the court – Accused's conduct raises questions about his intentions and transparency. [Para 112(3)]

Decision – Dismissal of petition for quashing FIR – Manipulative and abusive approach by parties in rape case – Continuation of proceedings not an abuse of law, but quashing would be – Trial court to take appropriate actions against parties if perjury or misleading conduct proven. [Para 114, 115]

Judicial Education – Need for continuous education and training in judicial process – Director (Academics), Delhi Judicial Academy to conduct workshops for magistrates – Importance of proper recording of statements and understanding of legal procedures emphasized. [Para 35, 36, 116]