Administrative Law – Appointment of Drawing and Disbursing Officer (DDO) – Writ petition seeking quashing of the order withdrawing DDO powers from the petitioner and conferring them on respondent No.4. The petitioner contended that the DDO powers should not be assigned to an officer from outside the office. Held, the DDO powers are administrative and meant for the smooth running of the office, involving no promotion or higher pay scale. Rule 1.24 of the Punjab Financial Rules allows any Gazetted Officer to be appointed as DDO. The petitioner failed to show any statutory violation or adverse effect. Petition dismissed. [Paras 6-7]

Administrative Procedures – Jurisdiction of DDO – The assignment of DDO powers is for administrative efficiency, ensuring timely disbursal of payments and salaries. Held, the DDO can be any Gazetted Officer, including from outside the office, as per Rule 1.24 read with Rule 1.15. The petitioner's challenge is unfounded as no statutory right is violated, nor is there any financial prejudice. [Para 6]

Decision:

Petition dismissed. The court found no merit in the petition, which was deemed to be driven by ego rather than legal grounds. The assignment of DDO powers to respondent No.4 was upheld as per administrative rules. [Paras 7-8]

*** Criminal Procedure - Re-trial - Additional evidence - Exceptional circumstances required for ordering re-trial - Re-trial to be ordered only in cases where the trial Court lacked jurisdiction, or serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Proper course for Appellate Court to resort to Section 391 of the Cr.P.C. when additional evidence is required - Reference to Ukhe Kolhe v. State of Maharashtra, Satyajit Banerjee v. State of West Bengal, Pashori Lal v. Punjab State, M/s Chennakesha Bandage v. State of A.P., and Bhupendera Singh Thakur v. State of Chhattisgarh - Section 386 and Section 391 of the Cr.P.C. examined. (Para 9)

Section 386 and Section 391 of the Code of Criminal Procedure, 1973 - Scope and application - Re-trial and taking of additional evidence - Re-trial ordered only in exceptional circumstances where trial Court lacked jurisdiction, serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Proper course for Appellate Court to resort to Section 391 Cr.P.C. when additional evidence is required - Section 386 and Section 391 Cr.P.C. explained and analyzed in light of case precedents. (Para 9, 13)

Principles governing re-trial - Exceptional circumstances required - Re-trial ordered only when trial Court had no jurisdiction, serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Additional evidence to be taken through proper procedure under Section 391 Cr.P.C. - Reference to case precedents emphasizing the exceptional nature of re-trials and the limited scope for their application. (Para 9, 11)

Procedure - Appellate Court's powers - Appropriate recourse when additional evidence is required - Appellate Court to resort to Section 391 of the Cr.P.C. to take additional evidence or remand to Trial Court - Re-trial ordered only in exceptional circumstances as specified under Section 386 Cr.P.C. - Proper procedure under Section 391 Cr.P.C. outlined for taking additional evidence. (Para 9, 11)

Time-bound disposal of appeals - Direction for timely disposal of appeal - Appellate Court directed to decide the matter within a specified timeframe, considering the age of the case and the interests of justice. (Para 12)

Service Law – Assured Career Progression – Technical and Non-Technical Pay Scales – Writ petition seeking quashing of the order that rejected the petitioner’s pay fixation in the pay scale of Rs. 5200-20200 + GP 3200 as the first ACP from 01.02.2006 and reduced his pay. The petitioner was granted a technical pay scale earlier, which should be treated as the functional pay scale as per the Haryana (Abolition of Distinction of Pay Scale between Technical and Non-Technical Posts) Act, 2014, and the clarificatory instructions dated 27.08.2014. Held, the technical pay scale granted to an employee on the ordinance date must be treated as the functional pay scale, and ACP benefits must be based on it. The impugned order did not consider these instructions. Petition allowed. [Paras 1-9]

Interpretation of Service Rules – Clarificatory Instructions – The petitioner’s pay should be fixed based on the technical pay scale granted prior to the ordinance. Held, the instructions dated 27.08.2014 were not considered in the impugned order. The petitioner’s pay reduction was unjustified. [Paras 7-8]

Decision: Impugned order set aside. Respondent No. 3 is directed to pass a fresh order within four months, considering the clarificatory instructions dated 27.08.2014. The writ petition is disposed of accordingly. [Paras 9-10]

BAIL – Grant of bail – Accused charged under sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 – Prosecutrix, allegedly a minor at the time of the incident, in a relationship with the accused – Prosecutrix consistent in her statement that she went with accused out of her free will – Accused and prosecutrix wanted to marry each other and live together – Prosecutrix now claiming to be 18 years of age – No incriminating evidence against the accused on record – Accused in judicial custody since 07.06.2021 – Accused’s counsel seeking regular bail – Held - considering the overall facts and circumstances of the case and taking note of the fact that in such cases of teenage love, the genuine innocent teenage boys and girls, being unaware of age of consent in law being 18 years, languish in jail or in protection home, and confinement in jail will cause distress and will impact the psychological health of the accused, the accused/applicant is admitted to bail, for a period of two months from the date of release, on furnishing personal bond in the sum of Rs.10,000/- with one surety of like amount to the satisfaction of the concerned Trial Court/Link Court/Successor Court/Duty Magistrate – Applicant shall provide his mobile number to the Investigating Officer which shall be kept active and in working conditions at all times – On period of expiry of two months, the applicant shall surrender before the Trial Court concerned.

Constitutional Law - Article 21 - Right to life - Obligation of State to provide convenient access, including ambulance roads, for medical emergencies - Duty of Gram Panchayat to provide road access for emergency medical aid to villagers - Construction of road for an unauthorized occupant - Mandamus sought to quash the direction for road construction - Gram Panchayat resisting the construction - Road construction not limited to personal benefit but encompassing right to life of villagers.

Civil Writ Petition - Construction of road for unauthorized occupant - Mandamus sought to quash the direction - Gram Panchayat's resistance - Obligation of Gram Panchayat to provide road access for emergency medical aid - Frivolous petition generated by malafides - Costs imposed on Sarpanch.

Civil Procedure - Costs - Frivolous petition - Malafides - Costs imposed on Sarpanch for filing a frivolous petition - Amount to be deposited with Treasurer of Punjab and Haryana High Court Bar Association.

Criminal Procedure - Quashing of complaint and summoning order - Compliance with Section 202 of the Cr.P.C. - Petitioners filed a petition seeking the quashing of a complaint and summoning order under Section 500, 34 IPC - The complaint was filed by the respondent in the Court of the Chief Judicial Magistrate, Chandigarh - Petitioners contended that the Magistrate failed to comply with Section 202 Cr.P.C. by not conducting a preliminary inquiry - Counsel for the petitioners referred to Abhijit Pawar case to support their contention - Counsel for the respondent did not contest the contention but requested for remand - Court observed that all accused petitioners were residents of Kapurthala, outside the jurisdiction of the Chandigarh court - Section 202 Cr.P.C mandates a preliminary inquiry when accused resides beyond the Magistrate's jurisdiction - Purpose of amendment was to prevent false complaints and harassment - Court held compliance with Section 202 Cr.P.C necessary to allow accused to present defense and assess sufficiency of grounds - Summoning order set aside, matter remanded to trial court with directions to comply with Section 202 Cr.P.C and proceed according to law.

Service Law – Assured Career Progression – Adverse Annual Confidential Reports (ACRs) – Writ petition seeking the quashing of the order denying the petitioner the first ACP scale and directing the respondents to grant the first ACP scale upon completion of eight years of service. The petitioner’s service records included a “below average” ACR for 2009 and “average” remarks for 2010 and 2011. Held, the essential condition for the grant of ACP is regular satisfactory service. The petitioner’s service cannot be termed satisfactory given the adverse ACRs. Petition dismissed. [Paras 8-9]

Adverse Remarks in ACR – Satisfactory Service – The petitioner’s ACRs for the years 2009, 2010, and 2011 included negative remarks, impacting the eligibility for ACP. Held, the petitioner’s service was not satisfactorily regular during the first eight years, as required under the ACP Rules, 2008. [Paras 8-9]

Decision: bPetition dismissed. The court found that the petitioner did not meet the requirement of regular satisfactory service due to adverse ACRs, and thus, was not entitled to the first ACP scale. [Para 10]

Recovery of excess pension - Pension erroneously fixed as service pension instead of reservist pension - Petitioner retired 50 years ago - Recovery sought to be made after retirement - Whether permissible - Held, recovery from Category-C and D employees or retired employees impermissible - Judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (Supra) applicable - Recovery restrained. (Para 7, 9)

Refund of recovered amount - Amount already recovered from petitioner's pension - Interest - Interest at 6% per annum to be paid within three months - Delayed payment to attract interest at 9% per annum instead. (Para 10)

Costs - Violation of law and petitioner's age - Costs awarded - Rs. 25,000 to be paid within three months. (Para 11)

Civil Procedure Code, 1908 - Amendment of pleadings - Application for amendment of written statement filed after commencement of trial - Proviso to Order 6 Rule 17 CPC mandates that no application for amendment shall be allowed after the trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial - Trial court allowed the amendment application without making the necessary finding - Held, the trial court's order allowing the amendment is erroneous - Proposed amendments by the respondents are not necessary for deciding the real issues in the case - Respondents had prior knowledge of the facts they seek to incorporate through the amendment - Failure to include them earlier does not constitute a valid ground for amendment - Amendment application disallowed.

Relevant Para: 20, 21, 22, 25, 27, 29, 33, 34.