Police Clearance Certificate – Issuance for Overseas Employment – Petition for the issuance of PCC in light of an opportunity for employment in Brazil – Petitioner’s criminal case history cited as reason for delay in issuance – Trial court’s No Objection Certificate considered – Directed authorities to issue PCC if no adverse information beyond the mentioned criminal case is found – Undertaking required from petitioner to ensure availability during trial [Paras 1-7].

Writ Petition – Mandamus – Petitioner, a B.Tech graduate, faced delay in obtaining PCC due to pending criminal case – High Court acknowledged petitioner’s right to travel for employment – Ordered Superintendent of Police to issue PCC within a week, subject to conditions – Petitioner must assure presence at trial [Paras 5-7].

Decision: Writ Petition disposed of – Superintendent of Police directed to consider and issue PCC if no adverse information is found other than the stated criminal case – Petitioner to provide an undertaking for availability during trial – No order as to costs – Pending miscellaneous applications, if any, closed [Paras 7-8].

Customs – Licensing Regulations – CHA License Revocation – The Customs Broker (respondent) filed a bill of export for clearance, allegedly aiding illegal exportation of subsidized contraceptives – Initial suspension and subsequent revocation of the CHA license by customs authorities under the Customs Brokers Licensing Regulations, 2013 [Paras 4-8].

Regulation Compliance – Enquiry Report Timeliness – Tribunal set aside license revocation but upheld forfeiture of security deposit – Differing opinions on whether the enquiry report’s late submission nullified its validity – High Court affirms the directory nature of timelines under Regulation 20(5), allowing discretion in considering the report [Paras 11-20].

Judicial Precedents – Contradictory High Court Rulings – Reference to various High Court decisions (Madras, Delhi, Calcutta, Bombay, Telangana) regarding the mandatory or directory nature of timeline regulations – The present court aligns with the view that the timelines are directory, supporting a flexible interpretation [Paras 13, 15].

Decision – Appeal Outcome – The timeline for the enquiry report under Regulation 20(5) is directory – The Tribunal’s decision to partially accept the enquiry report and impose penalty upheld – Case disposed of with no requirement for strict adherence to the enquiry report timeline [Para 20-21].

Criminal Law – Sexual Assault Conviction – Appellant, a teacher, convicted for sexually assaulting minor students – Convictions under Sections 354, 354-A IPC and Sections 7, 8, 9©(m)(o), 10, 11, 12 POCSO Act upheld – Trial Court’s judgment based on consistent and corroborative testimonies of minor victims and supporting witnesses [Paras 1-16].

Delay in FIR – Appellant contended that FIR was lodged 15 days post-incident – Court held delay was satisfactorily explained by the prosecution – Delay attributed to the initial hesitation of victims’ families and subsequent realization of the seriousness of the offenses [Paras 12, 17-18].

Reliability of Minor Witnesses – Defense argued minor witnesses were tutored – Court found minor victims’ testimonies credible, consistent, and corroborated by other evidence – Defense’s claim of false implication due to animosity was unsupported by cross-examination or Section 313 statements [Paras 14, 18, 30].

Section 145 of the Indian Evidence Act – Court noted no substantial cross-examination to discredit minor witnesses – Minor inconsistencies deemed immaterial – Court emphasized proper examination of minors before accepting their testimonies [Paras 19, 22].

Defendant’s Presence and Conduct – Accused’s presence at school on the day of the incident and his role as a teacher not denied – Defense’s narrative of animosity insufficient to counteract credible accusations by multiple victims [Paras 27, 30-31].

Decision – Appeal dismissed – Convictions and sentences affirmed – Court found no perversity in Trial Court’s judgment – All pending interim applications disposed of [Para 32-33].

Criminal Procedure – Quashing of FIR and Final Report – Counter cases of altercation and physical assault – Delay in filing FIR and investigation by different officers – High Court dismissed petitions to quash proceedings – Held, issues of delay and procedural irregularities to be determined at trial [Paras 1-11].

Counter Cases – Investigation and Trial – Incident involved altercation between two parties with mutual allegations of assault – Investigation by different officers not a ground for quashing – Allegations of procedural impropriety and delay to be examined during trial [Paras 2-11].

Witness Evidence – Delay in Filing Complaint – Petitioner alleged delay in filing FIR as prejudicial – High Court found minor injuries corroborated by medical evidence – Delay and credibility to be assessed at trial [Paras 6-9].

Legal Precedents – Protection against Vexatious Prosecution – Reference to Supreme Court rulings on quashing of criminal proceedings – Emphasized trial necessary to ascertain facts and determine the aggressor [Paras 10-11].

Decision:

Criminal Miscellaneous Cases dismissed. Trial to proceed to ascertain factual circumstances and determine culpability.

Specific Performance – Readiness and Willingness – Suit for specific performance based on a sale agreement dated 02.08.2007 – Plaintiff alleged continuous readiness and willingness to perform her part of the contract – Defendants contended plaintiff's financial inability to pay the balance consideration in time – Trial court decreed the suit in favor of the plaintiff – High Court found plaintiff failed to prove continuous readiness and willingness – Plaintiff's conduct of depositing balance consideration only after trial arguments questioned – Appeal allowed, trial court judgment set aside [Paras 1-44].

Plaint as Proof – Power of Attorney Evidence – Plaintiff's readiness and willingness must be personally proven – Plaintiff’s power of attorney holder, her son, failed to establish plaintiff's financial capacity at the relevant time – Evidence of readiness through third-party financial arrangement deemed inadequate – Appellate court emphasized the need for plaintiff's personal testimony when asserting readiness and willingness [Paras 18-34].

Market Value Consideration – Time of Essence – Trial court failed to appreciate significant rise in property value over years – Appellate court noted economic changes and price increases as factors making specific performance inequitable – Original contract price no longer just due to property appreciation – Appeal allowed, refund of earnest money with interest granted instead [Paras 37-39].

Decision: Appeal allowed – Impugned judgment and decree set aside – Plaintiff entitled to refund of earnest money with interest at 12% p.a. from date of payment – Appellants to pay any balance interest on deposit made by plaintiff [Paras 44-46].

Administrative Law – Employment Termination – Challenge to cancellation of appointment – Petitioner appointed as Jeep Driver through Employment Exchange, later cancelled after 14 years of service due to alleged violation of communal reservation rules – Court finds cancellation unjustified, holding that petitioner was not at fault and appointment should not be nullified retroactively – Ordered reinstatement with continuity of service and back wages [Paras 1-11].

Vicarious Liability – Government’s Responsibility – Court emphasizes the government’s vicarious liability for mistakes by its officers – Petitioner wrongfully penalized for error in appointment process conducted by authorities – Reinforces principle that employee should not suffer for administrative lapses [Paras 8-9].

Procedure – Appointment Validity – Clarification on temporary vs. permanent status – Despite initial temporary status, petitioner held under CPS, indicating regular appointment – Respondents’ claim of temporary status rejected due to regular vacancy and time scale of pay [Paras 6-7].

Decision – Writ Petition Allowed – Held – Impugned order cancelling appointment set aside – Respondents directed to reinstate petitioner with all attendant benefits – Period out of service to be treated as continuity of service with back wages – Option to regularize petitioner’s position or create supernumerary post if necessary [Para 11].

Contract – Recovery of Money – Plaintiff sought recovery of Rs. 7,23,63,548/- with interest from defendant – Defendant acknowledged receipt of money and issued cheques which were dishonored due to insufficient funds – Plaintiff initiated proceedings under Section 138 of the Negotiable Instrument Act, 1881, and under Section 420/406/120B IPC – Defendant claimed cheques were for security and contested jurisdiction under Commercial Courts Act, 2015 – Court found defendant’s defense to be illusory and sham – Plaintiff entitled to summary judgment [Paras 1-27].

Negotiable Instruments – Dishonor of Cheques – Defendant issued cheques thrice, all dishonored due to insufficient funds – Defendant admitted dues in letters but failed to honor cheques – Court held defendant’s defense of financial crisis and claim of security cheques insufficient – Summary judgment in favor of plaintiff granted [Paras 3-23].

Jurisdiction – Commercial Courts Act, 2015 – Defendant contested suit’s maintainability claiming it fell under Commercial Courts Act – Court rejected contention, noting defendant’s own admission of seeking financial accommodation from plaintiff, not a commercial dispute [Paras 9, 19].

Summary Judgment – Triable Issues – Defendant raised no genuine triable issues – Defense deemed frivolous – Court granted summary judgment to plaintiff with further interest at 12% per annum from 13^th April 2017 on Rs. 4,05,00,000/- till realization [Paras 24-26].

Criminal Law – Discharge of Accused – Revision petitions filed by Bharati Tamang and CBI challenging the discharge of Bimal Gurung by the Chief Judge, City Sessions Court – Case pertains to the murder of Madan Tamang, president of All India Gorkha League, in broad daylight – Chief Judge’s discharge order based on lack of sufficient evidence against Bimal Gurung found erroneous – High Court determines sufficient grounds for trial exist based on witness testimonies and other evidence [Paras 1-30].

Criminal Conspiracy – Evaluation of Evidence – Statements from multiple witnesses named Bimal Gurung as involved in the conspiracy to murder Madan Tamang – Witnesses provided consistent accounts of threats and meetings where Gurung allegedly conspired – Chief Judge’s discharge order failed to consider the totality of evidence, including statements recorded under Section 164 of Cr.P.C. [Paras 17-26].

Witness Testimony – Reliability and Corroboration – Witnesses, including Prem Tamang, Mohan Sharma, and others, corroborated each other’s accounts implicating Gurung – Statements indicated Gurung’s leadership role in the conspiracy – Lack of call detail records for Gurung does not undermine overall evidence of conspiracy and direct involvement in the crime [Paras 17-23, 26].

Judicial Scrutiny under Section 227 of Cr.P.C. – Detailed judicial analysis required at the stage of discharge – Court’s duty to sift and weigh evidence to determine if a prima facie case exists – Chief Judge’s role is not merely to act as a post office for the prosecution but to apply judicial mind – High Court finds that prima facie case and grave suspicion against Gurung justify proceeding to trial [Paras 22-28].

Decision – Revision Petitions Allowed – Orders of discharge by the Chief Judge, City Sessions Court, set aside – Directions issued for the trial court to frame charges against Bimal Gurung along with other accused – High Court mandates trial to proceed according to law and as per directions of the Supreme Court [Paras 29-31].

Transfer Policy – Interference by Tribunal – Assessment of Norms – Government formulated transfer policy to address teachers' grievances for posting in home stations, prioritizing teachers wishing to return to their home stations for at least five years – Tribunal's order in O.A.No.1019/2017 striking down total restriction on teachers from outstation transfer challenged – New norms evolved in 2019 giving preference to home station aspirants, but allowing options for outstation teachers based on seniority and service length – Tribunal's interference deemed unjustified as it overlooked Government's intent and procedural adherence [Paras 1-88].

Jurisdictional Issues – Review and Contempt Proceedings – Tribunal's orders in review applications and contempt proceedings in O.A.No.642/2022 criticized for lacking clear adjudication and reasoning – Orders in O.A.No.314/2024 setting aside transfer list on different grounds from O.A.No.642/2022 identified as jurisdictional error – Tribunal's decisions reviewed and reversed [Paras 4-68].

Non-Joinder of Necessary Parties – Representative Capacity – Addressing procedural difficulties in impleading all affected parties in transfer-related litigation – Emphasis on the need for procedural amendments to allow representative suits and departmental notices for effective litigation management [Paras 5-45].

Decision – Orders in review applications in O.A.No.642/2022 and transfer-related orders in O.A.No.314/2024 set aside – Government directed to reassess transfers giving due weightage to outstation service and seniority while prioritizing home station aspirants [Para 6-75].