Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in the parent department before absorption in the borrowing department. Ignoring such service for seniority determination is not proper. [Paras 29-34]

Deputation and Absorption - Counting Service for Seniority – Analysis – Held: When a deputationist is absorbed in an equivalent post in another department, the entire period of service rendered in the parent department must be counted for seniority in the borrowing department. This principle is established in Sub Inspector Rooplal v. Lt. Governor through Chief Secretary, Delhi and others, and applies to the present case. [Paras 35-39]

Equivalence of Posts - Service Jurisprudence – Consideration – Held: The equivalence of posts is determined by factors beyond pay, including duties, responsibilities, and qualifications. Therefore, drivers absorbed from other departments must have their previous service counted towards seniority in the Minister Car Section. [Para 36]

Decision: The appeals are dismissed, and the impugned judgment of the learned Single Judge is upheld. The respondents should have their service in the parent department counted for the purpose of seniority in the Minister Car Section. [Para 46]

NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]

Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official witnesses reliable - Conviction upheld. [Para 11]

Leniency in Sentencing - Age and Duration of Proceedings - Appellant aged 68 years, facing trial/appeal for over 21 years - Recovery non-commercial in nature - Sentence reduced to period already undergone - Fine enhanced. [Paras 12-14]

Decision - Conviction Upheld - Sentence Reduced - Court upholds the conviction but reduces the sentence to the period already undergone, enhancing the fine to Rs. 20,000/- to be deposited in the Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund within two months, with a default stipulation. [Paras 14-17]

Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportunity of hearing. The penalty was imposed without a hearing and through a non-speaking order, which is not proper. [Paras 1, 5, 10, 14]

Non-Speaking Order - Inadequate Justification – Analysis – Held: The order imposing the penalty did not provide adequate reasoning and failed to consider the petitioner's request for adjournment. The penalty was imposed solely because there was no response to the show-cause notice, without recording any finding that the delay was attributable to the petitioner. [Paras 13, 15]

Service Law - Unauthorized Absence - Termination of Services - Haryana Police – Regular Second Appeal against the order dismissing the civil suit and first appeal challenging the termination of the appellant's services – Appellant, a Head Constable, claimed unauthorized leave to attend a Public Police Samelan and alleged he was restrained from rejoining duty – Enquiry proceedings held, show cause notice issued, and reply filed by the appellant – Appellant failed to attend further enquiry proceedings – Termination ordered based on proven unauthorized absence – Appeal to Government not decided – Civil Suit filed after 12 years dismissed by Trial Court and First Appellate Court – Second Appeal filed on grounds of improper enquiry and wrongful restraint from duty – High Court held that failure to participate in enquiry negates claims of improper proceedings – Dismissal of Second Appeal. [Paras 5-15]

Civil Procedure - Delay Condonation - Applications filed for condonation of delay of 2 days in filing and 59 days in refiling the appeal – Allowed based on supported affidavits. [Paras 1-4]

Conduct of Enquiry - Analysis - Held - Employee’s non-participation in the enquiry disqualifies claims of procedural impropriety - No evidence presented proving wrongful restraint from duty - Findings of Trial and Appellate Courts upheld as non-perverse. [Paras 10-13]

Decision - Dismissal of Second Appeal - Appellant failed to establish any perversity in lower courts' findings or wrongful conduct in the enquiry proceedings - Second Appeal dismissed. [Para 15]

Civil Law - Correction of Date of Birth in Educational Records - Regular Second Appeal against the concurrent findings of fact - Correction of date of birth in matriculation certificate - Held, a student's date of birth can be corrected if proven by valid evidence despite the absence of specific bye-laws allowing such correction - Appeal dismissed - In the present case, the student successfully proved that his correct date of birth was 20.02.2000, contrary to the recorded 13.10.1999. The court held that CBSE's rigid application of its bye-laws without considering valid evidence would cause undue hardship to the student. The CBSE's contention that there was no provision for changing the date of birth once recorded was rejected​​ .

Correction of Records - Absence of Fraud or Misrepresentation - Analysis - Held, in the absence of any allegations of fraud or misrepresentation, the student's date of birth can be corrected to prevent lifelong prejudice - The court emphasized that since there were no claims of fraudulent behavior, the correction was justified to avoid prejudice against the student's future educational and employment opportunities​​ .

Decision - Dismissal of CBSE's Appeal - The court dismissed the second appeal filed by CBSE, affirming the decisions of the trial court and the first appellate court, which had directed the correction of the date of birth in the matriculation certificate. The court found no perversity or illegality in the lower courts' findings​​ .

NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set aside - Case remanded for compliance with Sections 60 to 63 - Confiscation order to be passed after hearing the registered owner. [Paras 9-10]

Procedure for Confiscation - Compliance Required - Notice and Hearing - Sections 60-63 mandate procedural steps for confiscation - Special Court failed to issue a formal confiscation order despite notice - Proper procedure involves notice, hearing, and determining the owner’s knowledge or connivance - Remand to trial court for due process. [Para 10]

Decision - Setting Aside Impugned Order - Case Remanded - Special Court's order set aside - Remand with direction for trial court to proceed with confiscation after compliance with Sections 60-63 - Notice to appellant and hearing on knowledge/connivance required - Expedited decision within six months directed. [Paras 10-12]

Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]

Intention to Cheat – Importance of intention in cases of cheating – No cheating if intention to deceive is not present from the beginning – Payment made through RTGS suggests absence of initial intent to cheat – Relevance of subsequent conduct in determining intention. [Para 10]

Negotiable Instruments Act – Dishonored Cheques – Reference to Section 138 for dishonored cheques – Complaint made under IPC sections 406, 420 instead of Section 138 of the Negotiable Instruments Act – Inherent power of High Court to quash criminal proceedings when dispute is essentially civil. [Para 10-11]

Judicial Discretion – High Court’s power under Section 482 CrPC – High Court’s discretion to quash proceedings to prevent abuse of legal process and ensure justice – Consideration of overall circumstances and motive behind the initiation of criminal proceedings. [Para 10-11]

Civil Nature of Dispute – Recognition of disputes as civil rather than criminal – Emphasis on the nature of the dispute being related to payment under a contract – High Court’s observation on misuse of criminal justice system for personal vengeance or civil disputes. [Para 13-14]

Decision – Quashing of Entire Criminal Proceeding – High Court exercised its inherent power under Section 482 Cr.P.C – Noted that any civil proceedings may continue unaffected by this order. [Para 11]

VAT Law - Imposition of Penalty - Non-disclosure of Invoices - Appeal Against VAT Tribunal's Decision - Physical Verification of Goods - Requirement of Documentation - Section 51 of the Punjab VAT Act, 2005 - Held: The driver was not required to know the specifics of the supply order but only to provide necessary documents showing the supply order and GRs. Absence of any intent to evade tax was established - VAT appeal allowed, penalty set aside. [Paras 1-16]

Role of the Driver - Held: The driver is not expected to know or furnish detailed information about the supply order. It is sufficient to produce the necessary documents demonstrating the supply order and the issuance of GRs. No attempt to evade tax was found as all documents were eventually produced. [Para 15]

Decision - VAT Appeal Allowed - Imposition of Penalty Set Aside - The penalty imposed under Section 51(7)(c) of the Punjab VAT Act, 2005, is set aside as the driver had produced the required documents at the ICC and there was no attempt to evade tax. The appeal is allowed, and the tribunal's order is overturned. [Para 16]

Criminal Law – Conviction Appeal – Eyewitness vs. Medical Evidence – Appeal against conviction under Sections 302, 120-B, 149 IPC – Murder as revenge over property dispute – Eyewitness account given precedence over medical contradictions – Minimal discrepancies in eyewitness statements deemed insignificant – Conviction upheld. [Paras 1-26]

Property Dispute – Motive for Murder – Held – Longstanding property dispute established motive for the murder – Appellants’ threats corroborated by witnesses – Property dispute context considered crucial for establishing motive. [Para 6]

Eyewitness Credibility – Consistency and Corroboration – Held – Eyewitness accounts consistent with material facts – Eyewitnesses' presence at the scene corroborated by circumstances – Slight variations in statements not impacting overall credibility – Conviction based on credible eyewitness testimony. [Para 26]

Medical Evidence – Supporting Eyewitness Testimony – Held – Medical evidence corroborated injuries consistent with eyewitness accounts – Contradictions between medical and eyewitness evidence minor – Priority given to consistent and corroborative eyewitness testimony. [Para 22-24]

Decision – Appeals Dismissed – Conviction and sentence of life imprisonment upheld – Acquittal of one accused also upheld – Appellants to surrender for remaining sentence – No merit in appeals, pending applications disposed of. [Paras 27-30]