Service Law – Correction of Date of Birth – Limitation – Central Administrative Tribunal Act – Respondent sought correction of date of birth from 01.06.1964 to 02.07.1964 after 23.5 years of service – Application rejected as per DoP&T Office Memorandum due to delay beyond five-year limit – Tribunal allowed application, altering retirement date by 32 days – High Court held Tribunal erred in entertaining belated application without sufficient cause under Section 21(3) of the CAT Act – Original Petition allowed, Tribunal’s order set aside [Paras 1-14].

Procedure under Section 21 of CAT Act – Belated Claims – Tribunal’s Jurisdiction – Tribunal's jurisdiction under Section 21 constrained by time limits for applications – Non-compliance with prescribed timelines without justifiable cause renders application inadmissible – High Court emphasizes strict adherence to statutory time limits for altering service records [Paras 11-13].

Precedents on Correction of Date of Birth – Judicial Principles – Cites Supreme Court rulings on correction of date of birth in service records, underscoring restriction on belated claims and potential adverse impact on administration and public service – Correction requests must be timely and substantiated with unimpeachable evidence [Paras 15-19].

Decision: Original Petition allowed – Central Administrative Tribunal’s order dated 24.07.2023 in OA No. 469/2022 set aside – Original Application dismissed [Paras 20].

Election Law - Maintainability of Writ Petition - Article 329(b) of the Constitution - Petitioner sought declaration of electoral malpractices and repolling - High Court held that disputes relating to election process should be resolved through election petitions as per constitutional mandate - Writ petition dismissed as not maintainable - Held that the Court cannot intervene in ongoing election processes which must be challenged via appropriate election petitions after conclusion of elections - Writ petition dismissed. [Paras 7-9, 12, 18]

Conduct of Elections - Scrutiny of Electoral Documents - Petitioner claimed denial of opportunity to address grievances during scrutiny of Form 17A - High Court found no evidence of violation of Election Commission guidelines by election officers - Held that instructions from Election Commission, though binding, do not constitute enforceable law for invalidation of elections - Petitioner's remedy lies in filing an election petition. [Paras 4-6, 14-15]

Decision - Election Dispute Resolution - High Court emphasized adherence to constitutional framework for resolving election disputes - Reinforced the principle that election processes should not be interrupted by judicial intervention during their course - Writ petition dismissed without costs, with liberty to petitioner to seek appropriate remedy through election petition. [Paras 16-19]

Election Law – Writ Petition challenging election process – Dismissal on grounds of non-maintainability – Petitioner contested in the 2024 General Elections as an MLA candidate from the YSR Congress Party – Allegations of electoral offences and collusion between election staff and Telugu Desam Party personnel – Petitioner sought fresh polls in specific polling stations – Court found that the proper recourse for election disputes is through an election petition as per Article 329(b) of the Constitution of India and not through a writ petition under Article 226 – Writ petition dismissed. [Paras 1-19]

Jurisdiction and Maintainability – Article 329(b) – Interpretation – Election disputes to be adjudicated via election petition – High Courts barred from interfering in election processes while they are ongoing – Only after the conclusion of the election process can disputes be raised. [Paras 7-12]

Election Commission Directives – Legal standing – Directions issued by the Election Commission to Chief Electoral Officers – Binding but not equivalent to law – Violation of such directions does not invalidate election results – Remedies available through election petitions, not writ petitions. [Para 14-15]

Decision – Dismissal of Writ Petition – Court held the petition as not maintainable under Article 329(b) – Petitioner advised to pursue election disputes through appropriate proceedings after the election process – No adjudication on the truthfulness of allegations – Petition dismissed without costs. [Paras 18-19]

Elections – Writ Petition for Re-scrutiny and Re-polling – Article 329(b) of the Constitution – Election Petition as Proper Remedy – Petitioner contested as MLA from 166-Chandragiri Assembly Constituency – Alleged voter suppression, ballot tampering, and violence on polling day – Complaints to election authorities ignored – Petitioner kept in separate room during scrutiny due to law and order issues – Supreme Court held that disputes related to elections should be addressed via election petitions and not writ petitions – Writ petition dismissed for lack of maintainability. [Paras 2-18]

Constitutional Law – Article 329(b) – Bar on Court Interference – Election matters to be resolved through election petitions – Interference by courts during election process is barred – Courts to avoid interrupting the electoral process – Held that grievances related to electoral offenses should be pursued through appropriate election petitions post-election. [Paras 7-10, 12-16]

Electoral Malpractice Allegations – Scrutiny of Form 17A – Election Petition – Petitioner’s absence during scrutiny due to separate room arrangement for safety – Authorities conducted random scrutiny and found no irregularities – Memo No.18/CEO-Peshi/2024-2 issued – Petitioner’s remedy lies in filing an election petition, not a writ petition. [Paras 2, 4, 17]

Decision – Writ Petition Dismissed – High Court dismisses the writ petition citing the constitutional bar under Article 329(b) – Petitioner advised to pursue election petition for redressal of grievances – Court does not examine the veracity of electoral offense allegations. [Paras 18-19]

Family Law – Paternity Dispute – DNA Test – Petition challenging Family Court’s order rejecting application for DNA test to determine paternity – Petitioner had earlier been acquitted in a rape case involving the mother of the minor child – Petitioner had entered into an agreement admitting paternity and agreeing to pay maintenance and compensation – Held: Petitioner estopped from challenging paternity due to previous acknowledgment and agreement – Petition dismissed. [Paras 1-11]

Equitable Estoppel in Paternity Cases – Analysis – Held: Applying the doctrine of Paternity by Estoppel, based on equitable estoppel, once a man has held out a child as his own, he cannot later deny paternity – Precedent from Pennsylvania Supreme Court and reliance on Article 8 of the Convention on the Rights of the Child support the preservation of familial identity – Ensuring stability and security for the child considered paramount. [Para 9-10]

Decision – Petition Dismissed – Court upheld the Family Court’s decision, finding no merit in the petitioner’s challenge – The petitioner had acted in a manner accepting paternity, and his later denial was deemed impermissible – Public policy considerations regarding the child’s right to identity emphasized. [Para 11]

Civil Law - Specific Performance - Application for Handwriting Expert Referral - Writ Petition challenging the Trial Court's order dismissing an application under Order XXVI Rule 10A read with Section 151 CPC for referring documents to a handwriting expert – Suit for specific performance of an agreement of sale – Disputed signatures on sale agreement – Defendant contested signatures, claiming repayment of loan – Trial Court rejected referral application, citing admission of execution of document by defendant – Held, Trial Court erred in rejecting application without clear admission of signatures by defendant – Comparison of disputed signatures with admitted ones necessary for fair trial – Petition allowed, Trial Court's order set aside, referral to handwriting expert ordered. [Paras 1-13]

Role of Handwriting Expert in Document Verification - Analysis - Held – Comparison of disputed signatures necessary to resolve controversy – Section 73 of Indian Evidence Act empowers court to compare signatures but should be exercised sparingly – Referral to handwriting expert more appropriate where defendant disputes signatures – Ensures thorough and fair consideration of evidence. [Para 10-13]

Decision - Referral to Handwriting Expert Ordered - Writ Petition allowed – Trial Court directed to refer disputed signatures to handwriting expert – Ensures fair trial and proper adjudication of issues in dispute – Trial Court’s order dismissing application set aside. [Para 13]

Criminal Law – Quashing of FIR and Charge-Sheet – Criminal Petition under Section 482 Cr.P.C. – FIR for molestation and threats – FIR No.0048 dated 25.06.2022 registered under Sections 452, 354 IPC, Sections 8 and 12 of POCSO Act, 2012, later including Sections 354-A and 195-A IPC – Petitioner alleged to have threatened the victim’s uncle to force compromise – High Court evaluates nature and scope of inherent powers under Section 482 Cr.P.C. – Held: Substantial prosecution evidence recorded, including inconsistent testimony of victim – High Court refrains from quashing FIR, emphasizing trial court’s role in evaluating evidence – Petition dismissed with costs for misleading information about previous petition – Directions for cost recovery provided. [Paras 1-13]

Inherent Powers of High Court – Section 482 Cr.P.C. – Scope and Ambit – Powers to prevent abuse of process and secure ends of justice – Exercise of inherent jurisdiction not limited to cases where no trial has commenced – High Court retains power to quash FIR even when substantial prosecution evidence is recorded, but with caution – Each case to be evaluated on facts – Reliance on precedents establishing principles for exercise of inherent powers. [Paras 6-9]

Decision – Petition Dismissed – Costs Imposed – Court finds no exceptional circumstances warranting interference – Petitioner to pay Rs. 50,000 as costs to be deposited with trial court and remitted to Punjab State Legal Services Authority – Detailed procedure for cost recovery outlined. [Paras 11-13]

Criminal Law – Conviction under NDPS Act – Appeal against trial court's judgment convicting appellant for possession of 7 kg of 'charas' later identified as 'opium' – Alleged procedural lapses in compliance with mandatory provisions of Sections 50 and 52A NDPS Act – Safe custody of seized contraband not established – Discrepancies in forensic examination results – Appeal allowed, conviction and sentence set aside – Appellant acquitted due to non-compliance with mandatory legal requirements and reasonable doubt in prosecution's case. [Paras 1-50]

Arbitration – Appointment of Arbitrator – The applicants sought the appointment of a neutral arbitrator, challenging the named arbitrator's eligibility on the grounds of a professional relationship with the respondent. The court held that an arbitrator's ineligibility under Section 12(5) of the Act, read with the Seventh Schedule, terminates the mandate of the arbitrator, and the appointment of a new arbitrator is warranted​​.

Arbitrator's Independence and Impartiality – Professional Relationship – The Court found that the named arbitrator's professional ties with the respondent created justifiable doubts about his independence and impartiality. The applicants' objections were valid under Section 12(5), which mandates the termination of the arbitrator's mandate in such cases​​.

Procedure for Challenging Arbitrator – The applicants had not previously raised objections before the arbitrator but approached the Court directly. The Court concluded that this approach was justified due to the ineligibility of the arbitrator under the Act, which allows for such direct applications in cases of clear ineligibility​​.

Decision:

The application was allowed. The appointment of the named arbitrator was set aside, and a new impartial, independent, and neutral arbitrator was appointed. The Court emphasized the importance of ensuring arbitrators' independence and impartiality to maintain the integrity of the arbitration process​​.