Service Law - Pension Eligibility – Computation of Service Period – Interpretation of Regulation No.18 of UCO Bank (Employees') Pension Regulations, 1995 – Service of respondent (Chaman Singh) treated as 10 years by rounding up the 9 years 10 months & 5 days of service – Held eligible for pension under Regulation No.14 – Judgment of the learned Single Judge affirmed. [Para 1, 3, 3(i), 3(iv)]

Interpretation of Regulation No.14 and No.18 – Regulation No.18 allows rounding off service of more than six months as one complete year for pension eligibility – Proviso to Regulation No.18 cannot override this substantive provision – Applicable in the case of respondent to qualify him for pension. [Para 3(i), 3(ii), 3(iv), 3(v)]

Precedents from Apex Court and Rule 49(3) of CCS (Pension) Rules – Reference to Indian Bank Vs. N. Venkatramani and interpretation of similar provisions in CCS (Pension) Rules – Fraction of a year equal to three months and above treated as a completed half-year for qualifying service. [Para 3(ii), 3(iii)]

Appeal Dismissed – The appeal of UCO Bank challenging the eligibility of the respondent for pension is dismissed – Substantive provisions of the pension regulations affirm the respondent's qualification for pension. [Para 4]

Application under Section 482 of Cr.P.C. for quashing order taking cognizance of offences under Sections 420, 409, 467, 120-B IPC - Background involves dispute in Society's management and allegations of embezzlement and forgery [Para 3].

Allegations of misappropriation of Society's funds amounting to Rs. 2,23,49,679/- and misuse of authority in managing Society's bank accounts and assets [Paras 4, 8].

Contentions raised regarding the locus of the complainant, as his resignation from Society was accepted - Court's analysis on who can set criminal law in motion [Paras 9, 13, 14, 18, 19].

Rejection of application under Section 156(3) of Cr.P.C. doesn't prevent Magistrate from proceeding with complaint under Sections 200, 202 of Cr.P.C. [Para 17].

Civil dispute bearing criminal elements - Supreme Court's view on concurrent civil and criminal proceedings [Para 19].

Court's conclusion that allegations warrant criminal proceedings, dismissal of application under Section 482 of Cr.P.C. [Paras 21, 22].

Service Law – Adhoc Promotion vs. Regular Promotion – Judicial Scrutiny of Administrative Decisions – The High Court evaluated the legality of adhoc promotions in the Central Water Commission (CWC) and the corresponding impact on pay fixation and seniority. The case revolved around the decision-making process for promotions within a government body and the proper application of administrative rules and regulations. [Para 2, 6, 10-11]

Review of Administrative Tribunal's Order – The Court examined the appropriateness of the Central Administrative Tribunal's order directing the holding of regular Departmental Promotion Committee (DPC) meetings as opposed to adhoc promotions. Emphasis was laid on the legal standards for reviewing administrative decisions and the scope of judicial intervention in administrative matters. [Para 3, 5, 13]

Procedural Impropriety – The Court found procedural errors in the Tribunal's approach, particularly in failing to provide a comprehensive judgement and in misinterpreting the remanding order of the High Court. The Court stressed the importance of adhering to prescribed procedures and providing reasoned judgements in administrative matters. [Para 10, 13-14]

Remanding for Fresh Consideration – The Court remanded the matter to the Tribunal for a fresh decision on the merits, emphasizing the need for a reasoned order in compliance with the High Court's directions. The case underscored the principle that administrative bodies must fully comply with judicial directions when reconsidering matters. [Para 14-15]

Decision – The High Court set aside the impugned order of the Tribunal for procedural impropriety and remanded the matter for a fresh and expedited decision, highlighting the significance of proper administrative processes and legal compliance in government promotions. [Para 14-15]

Criminal Law – Murder and Destruction of Evidence –  High Court reviewed the conviction under Sections 302 and 201 of the Indian Penal Code. The appellant, Jumed Khan, was initially found guilty by the Additional Sessions Judge for murder and destruction of evidence. The case centered around the death of the appellant's wife, with significant focus on the circumstantial evidence presented. [Para 1, 2, 7]

Circumstantial Evidence – Examination and Reliability – The court scrutinized the circumstantial evidence, including motive, recovery of the body, and medical evidence. The motive related to familial and marital discord. However, the court found a lack of direct evidence linking the appellant to the crime and noted the absence of witness testimony that explicitly connected the appellant to the murder. [Para 12, 13, 14, 15]

Role of Investigating Officer in Circumstantial Evidence – The court highlighted the importance of the Investigating Officer's testimony in cases reliant on circumstantial evidence. In this case, the primary Investigating Officer was not examined, undermining the prosecution's case. [Para 16]

Legal Principles in Circumstantial Evidence – The court referred to established principles for cases based on circumstantial evidence, emphasizing the need for a complete chain of evidence that unequivocally points to the guilt of the accused, excluding all other hypotheses. [Para 15.2, 15.3]

Acquittal on Grounds of Insufficient Evidence – Given the gaps in the chain of circumstantial evidence and the lack of direct evidence implicating the appellant, the court set aside the conviction and sentence, leading to the appellant's acquittal. The court underscored that suspicion, however strong, cannot replace proof in criminal jurisprudence. [Para 17, 18, 19]

Decision – The High Court of Jharkhand at Ranchi allowed the Criminal Appeal, overturning the conviction and sentence of the appellant by the trial court. The appellant was acquitted due to insufficient evidence and directed to be released, unless required in another case. [Para 19, 20]

Writ Petition – Transfer of Prisoners – The High Court of Karnataka at Bengaluru adjudicated on a writ petition filed by several inmates seeking transfer to Bangalore Central Prison, invoking Articles 226 and 227 of the Constitution of India. The petitioners, accused in a criminal case, requested consolidation at a single prison for safety concerns and better access to legal counsel. [Para 1, 3, 4]

Prison Transfer on Security Grounds – Background – The petitioners were dispersed across various prisons following an order by the lower court, based on a recommendation by the National Investigating Agency (NIA). This action was prompted by security concerns after one accused expressed intentions to turn approver, heightening the risk of intra-prison violence. [Para 3, 9]

Petitioners' Contentions – argued – emphasized the need for transfer to Bangalore Central Prison due to alleged threats to their safety in current facilities and difficulties in accessing legal counsel. Petitioners highlighted a previous violent incident involving some accused, advocating for consolidation at a single prison for security and logistical reasons. [Para 4, 6]

Respondents' Opposition – argued – The State and NIA opposed the petition, suggesting that the request for consolidation could facilitate further unlawful conspiracies and emphasizing the lack of any direct threat to the petitioners' safety in their current prisons. They also pointed out the sufficiency of existing facilities for legal communication. [Para 5, 7]

Court's Analysis and Conclusion – Held – dismissed the petition for prison transfer, underscoring the State's duty to ensure the safety of all prisoners. The court found no compelling reason for the transfer, considering the existing measures for prisoner security and legal communication. It directed the State to enhance video conferencing facilities in prisons for improved legal access, ensuring privacy through the provision of headphones. [Para 8-13, 14]

Order – Writ Petition Dismissed – The High Court dismissed the writ petition, rejecting the request for consolidation of the petitioners in Bangalore Central Prison. It directed the State to improve legal communication facilities in prisons and to maintain vigilant protection of all inmates, thereby balancing security needs with prisoners' rights. [Para 14]

Conviction and Sentencing – Chenthamarakshan convicted under Sections 302, 449, 450, 392, 394, and 201 IPC for murder and robbery of Preethi, his relative, and disposing of her body in Tamil Nadu using a Honda Activa scooter [Para 1].

Evidence and Circumstances – Lack of direct evidence; reliance on circumstantial evidence including recovery of victim's body, stolen items, and DNA evidence; bloodstains found in victim's bedroom; autopsy report confirming homicide; accused's debts and recovery of victim's ornaments from his house [Paras 2, 5, 8-10, 13, 22-24].

Witness Testimonies and Recovery – Testimonies from various witnesses including the victim's daughter, neighbors, and individuals who saw the accused on the day of the incident; recovery of the victim's body and stolen items based on accused's information [Paras 10-13, 20-21].

Call Records and Vehicle Registration – Analysis of accused's mobile phone location indicating presence near the victim's house and travel to Tamil Nadu; scooter used for disposing of the body registered in accused's wife's name [Paras 17-18].

Legal Principles on Circumstantial Evidence – Meeting the criteria for convicting based on circumstantial evidence; necessity of excluding other hypotheses and establishing a complete chain of events pointing to the accused's guilt [Para 25].

Appeal Outcome – Dismissal of appeal due to strong circumstantial evidence and corroboration by various sources confirming the accused's involvement in the crime [Para 26].

Negotiable Instruments Act – Section 138 – Security Cheque vs. Legally Enforceable Debt – Conviction Set Aside – Petitioners, Concord Exports, challenged their conviction for cheque dishonor under Section 138, asserting that the cheque for ₹33,51,876 was issued as security in a business transaction and not towards a legally enforceable debt – The trial court had sentenced the petitioners to two years rigorous imprisonment, which was upheld by the appellate court – Held: The petitioner successfully raised a probable defence, demonstrating that the cheque was issued as security and not in discharge of a debt – Both the trial and appellate courts failed to consider crucial defence documents, rendering their judgments perverse – Conviction and sentence were set aside [Paras 8.5, 9.3, 23].

Burden of Proof – Preponderance of Probabilities – Security Cheques – The petitioner raised sufficient doubts regarding the existence of a legally enforceable debt, proving by preponderance of probabilities that the cheque was issued as security for future transactions – The complainant failed to establish the supply of goods or an existing liability matching the cheque amount – Held: Mere issuance of a signed cheque does not constitute proof of liability without supporting evidence of debt [Paras 9.2, 9.3].

Judgment Quality – Section 354 of CrPC – Non-Consideration of Defence Evidence – The trial court's judgment was criticized for its failure to consider defence documents and evidence, violating Section 354 CrPC, which requires reasons to be recorded in judgments – Appellate court also failed to appropriately address these deficiencies – Courts must consider the accused's explanation under Section 313 CrPC and weigh all evidence before reaching conclusions [Paras 8.5, 9.4, 9.5].

Decision – The revision petition was allowed, and the conviction and sentence were set aside – Petitioners were directed to pay ₹13,51,876 with 6% interest from 12/02/2014 within three months, failing which recovery procedures may be initiated by the respondent [Paras 23, 22.2, 22.3].

Disciplinary Proceedings – Judicial Officer’s Integrity Questioned – Petitioner, a former Judicial Officer, suspended and prevented from retiring on superannuation due to allegations of involvement in a telephonic conversation regarding financial transactions linked to a criminal case – Charges framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules – Charge Nos.1 and 4 proved against the petitioner [Paras 1-14].

Authenticity of Evidence in Disciplinary Proceedings – The Court assessed the relevance and sufficiency of various evidences, including voice samples and Forensic Science reports, in establishing misconduct of a judicial officer. It highlighted the significance of circumstantial and corroborative evidence in departmental proceedings. [Para 33-34, 40]

Voice Sample Analysis – Upheld – The Court accepted the expert findings that the voice samples in the audio files matched those of the judicial officer and other involved parties, despite the absence of the original recording devices. This played a pivotal role in establishing the involvement of the judicial officer in the alleged conversations. [Para 33-34, 39]

Quantum of Punishment – Removal from Service – Justified – The Court upheld the punishment of removal from service for the judicial officer, citing the serious nature of the charges proven against him, which compromised his integrity and honesty. The Court asserted that judicial officers are expected to maintain high levels of integrity and honesty. [Para 37, 41]

Compliance with Natural Justice – Affirmed – The procedures followed in the disciplinary proceedings were scrutinized, with the Court affirming that all stages, including preliminary inquiry, framing of charges, and providing opportunities for explanation and defense, complied with the principles of natural justice. [Para 40-41]

Decision – The writ petition challenging the removal from service of the judicial officer was dismissed, with the Court finding no infirmity in the procedural aspects or the quantum of punishment. [Para 41]

Service Law - Petitioner's Alleged Illegal Termination and Subsequent Replacement – Petitioner, a Hindi teacher since 1988, allegedly terminated without due process in 1996 – School Management accused of appointing opposite party No.4 without adhering to natural justice principles – Dispute over notification and acknowledgment of termination notices [Paras 1, 2, 4, 8].

Appellate Authority's Inquiry – Appellate Authority directed Inspector of Schools to investigate termination process – Inspector's reliance on affidavits collected during the appeal considered improper by the court – Adjudication questioned due to lack of impartiality and independent adjudication [Paras 8, 10].

Remittal for Fresh Adjudication – High Court quashes appellate authority's order due to procedural impropriety – Matter remitted for fresh adjudication strictly based on existing records, excluding Inspector's report and affidavits [11, 12].Paras