Administrative Law – Allotment of Petrol Pump – Petitioner's candidature for the allotment of petrol station canceled due to non-disclosure of 1 marla land abutting the road – Violation of terms and conditions of the brochure – Petitioner's contention that the land could be ignored for allotment – Respondent's insistence on compliance with brochure's conditions. [Para 1-8]

Decision – Petitioner's petition seeking to set aside the cancellation of candidature dismissed – Respondent's rejection of candidature upheld due to non-disclosure of the 1 marla land – No manifest arbitrariness or mala fide intention found on the part of the respondent – Dismissal of the petition does not preclude the petitioner from applying for future allotments. [Para 9-10]

Bail Application – Regular Bail – Petitioner seeks regular bail in a case involving charges under Sections 302, 307, 148, 149 of the Indian Penal Code, 1860, and other sections – Petitioner claims false implication and absence from the incident scene – State opposes bail citing gravity of allegations and common intention of an unlawful assembly – Court examines evidence, including statements under Section 161 Cr.P.C., and rejects bail application. [Para 1-11]

Legal Precedent – Reference to the judgment of the Hon'ble Supreme Court in 'Kumer Singh vs. State of Rajasthan and another' – Emphasis on the non-consideration of individual roles when accused are part of an unlawful assembly and charged with serious offenses – Application of this principle to the present case. [Para 10]

Decision – Bail application dismissed considering the gravity of allegations and the common intention of an unlawful assembly – Petitioner's claim of false implication not accepted based on evidence, including statements under Section 161 Cr.P.C. [Para 11]

Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1].

Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search and seizure process invalid - [Para 2].

Prosecution's Stance: Opposes suspension of sentence, citing the recovery of a commercial quantity of contraband, invoking Section 37 of NDPS Act - [Para 3].

Critical Examination of Seizing Officer's Role: Court notes issues with the legitimacy of the seizing officer's role, referencing precedent on the need for specific authorization under Section 42 of NDPS Act - [Paras 4, 7-9].

Admission of Procedural Flaws: Acknowledgment of non-compliance with Section 42(2) of NDPS Act and premature engagement of independent witnesses during seizure - [Para 5].

Suspension of Sentence and Bail Granted: Sentence suspended considering potential merit in appeal, duration of sentence served, and procedural errors; bail granted with specific conditions - [Paras 6-8].

Criminal Trespass and Assault – Allegations of trespassing and assault by petitioner on respondent’s land, leading to a physical altercation and subsequent police complaint. Charge sheet filed under Sections 447, 324, 506 IPC in Kalakada Police Station. [Paras 2, 4, 14-15]

Delayed FIR and Private Complaint – Delay in FIR registration (FIR No.33 of 2016 dated 28.06.2016) attributed to police inaction, necessitating a private complaint by respondent. Judicial Magistrate of First Class referred the complaint under Section 156(3) Cr.P.C. [Paras 3, 11, 17]

Affidavit Requirement in Private Complaints – Discussion on the necessity of an affidavit in support of a complaint under Section 156(3) Cr.P.C., referencing the Supreme Court judgment in Priyanka Srivastava case. Uttarakhand High Court’s view on non-filing of affidavit as a curable defect considered. [Paras 5, 7-9]

Property Dispute and Criminal Charges – Existence of a civil dispute (O.S. No.111 of 2017) over property ownership does not negate criminal charges. The charge sheet's assertion of respondent’s possession of the property underpins criminal trespass allegations, despite the title dispute. [Paras 13, 16]

Decision – Criminal Petition No. 4200 of 2019 dismissed by Andhra Pradesh High Court. The proceedings in C.C. No.135 of 2018 against petitioner will continue. [Para 20]

Bail Petition – Regular Bail Granted to Former Chief Minister  - Alleged Financial Irregularities in Skill Development Project -

The petitioner, Sri Nara Chandra Babu Naidu, sought regular bail regarding allegations of corruption and financial irregularities in the APSSDC skill development project. The charges include misappropriation of funds, evasion of government norms, and involvement in a deep-rooted conspiracy resulting in significant financial losses to the state exchequer. The court granted bail, considering factors like the petitioner’s age, health condition, lack of direct evidence linking him to the crime, and the fact that other co-accused had already been granted bail. [Paras 1-57]

Allegations and Counter Arguments – No Direct Evidence Linking Petitioner - Despite serious allegations of financial misconduct and corrupt practices in the skill development project, the prosecution failed to present prima facie material directly linking the petitioner to the crime. The court observed gaps in the investigation, including lack of evidence connecting the petitioner to alleged misappropriated funds, and contradictory findings in the forensic audit report. [Paras 20, 22, 33, 34, 41, 42, 44, 45, 46]

Health and Security Concerns – Considerations for Bail - petitioner’s health conditions and age (73 years) were significant considerations. He suffers from diabetes, hypertension, and Hypertrophic Cardiomyopathy, requiring regular medical attention. Additionally, the presence of Z+ security from the National Security Guard (NSG) reduces flight risk and ensures compliance with bail conditions. [Paras 4(iv), 49, 50]

Freedom of Speech and Political Activity – Relaxation of Conditions:

The court acknowledged the petitioner’s right to freedom of speech and political activity, especially given his role as the National President of the Telugu Desam Party (TDP). Conditions restricting public appearances and media interactions, initially imposed due to the interim nature of previous bail for medical reasons, were relaxed. [Paras 51-54]

Political Motivation and Whistleblower Allegations – Need for Fair Trial - petitioner alleged political motivation behind his arrest, citing its timing and lack of evidence. However, the court refrained from conclusively commenting on these allegations, emphasizing the importance of a fair trial and the ongoing investigation. [Paras 42, 43, 44, 57]

Judicial Discretion in Granting Bail – Balance of Factors - court exercised judicial discretion in granting bail, balancing the seriousness of the charges, the need for a fair investigation, the personal liberty of the accused, and public interest. The decision reflects a careful consideration of the competing interests in criminal justice administration. [Paras 49, 50, 56, 57]

Enhancement of Maintenance Allowance – Section 127 Cr.P.C. – Petitioner sought enhancement of maintenance allowance previously set at Rs. 5,000 per month. Citing increased living costs and husband's income, petitioner argued for an increase to Rs 12,500 per month. Learned Magistrate enhanced maintenance to Rs 6,500 per month, which was challenged as insufficient. High Court observed the inadequacy of Rs 6,500 for living expenses, considering the husband's income and lack of substantial evidence against petitioner's claim. Maintenance enhanced to Rs 10,000 per month.

Income of Parties – Lack of Evidence – No conclusive evidence presented regarding the husband's income or liabilities. Absence of income or expenditure affidavit from parties, contrary to Supreme Court guidelines in Rajnish Vs. Neha (2021) 2 SCC 324. High Court emphasized the need for maintenance amount to be commensurate with the husband's income.

Effect of Criminal Proceedings on Maintenance – Previous criminal cases (Sections 498A and 406 IPC) against husband, resulting in acquittal, do not disentitle wife from receiving or enhancing maintenance under Section 127 Cr.P.C. Observations in criminal cases not to affect maintenance decisions.

Final Decision – Enhancement of maintenance from Rs 6,500 to Rs 10,000 per month. Remaining portions of the lower court's order unchanged. Connected applications and any stay orders during the pendency of the revision vacated.

Election of Council Office Bearers – Procedural Irregularities Alleged – Petitioner, Dr. Kunal Saha, challenges the election process of the West Bengal Medical Council's President and Vice President, alleging procedural irregularities based on the Bengal Medical Act, 1914. Meeting and elections held on November 1, 2022, contested as being before the official Gazette notification date, claimed to be violative of Sections 11A and 11B of the Act. [Paras 1, 4-5, 26-28, 30-31, 33-35]

Locus Standi of OCI Card Holder – The petitioner, an OCI card holder, argued to have locus standi in challenging the Council's elections. The court examines Sections 7A and 7B of the Citizenship Act, 1955, and Section 4 of the Bengal Medical Act, 1914, to determine eligibility and rights of the petitioner in contesting the Council's election procedures. [Paras 8-9, 17-24]

Legal Interpretation and Retrospective Effect – Court interprets the term "notification" in Section 11A(1) of the 1914 Act, considering the actual and published dates of the notification. It finds no substantial illegality in the Council's first meeting held on the notification date (November 1, 2022) but prior to its publication in the Gazette on November 3, 2022. [Paras 27, 29-31, 35]

Impact of Technical Irregularities on Council’s Functioning – The court acknowledges the functioning of the newly elected Council for over a year with its office bearers and considers the potential disruptive impact of upholding the technical challenge at this stage. [Paras 35-36]

Conclusion and Dismissal of Petition – The court does not find any gross illegality in the election process of the West Bengal Medical Council. WPA No.14447 of 2023 dismissed, addressing primarily the issue of nomination and election of the President and Vice President. Other election aspects, not argued substantially by the petitioner, were not delved into. [Paras 37-39]

Disciplinary Proceedings in Banking Sector – Petitioner, a Scale-II officer in Bangiya Gramin Vikash Bank, challenges the disciplinary process including charge-sheet dated 7th June 2013, enquiry findings, and subsequent orders of punishment and appellate authority – Allegations of financial irregularities and misconduct as Branch Manager – Issues around the procedural aspects of the disciplinary process under bank service regulations. [Paras 1, 4, 7, 9, 22]

Procedural Legality and Jurisdictional Authority – Examination of the authority of the General Manager to issue the charge-sheet – Change in ‘Competent Authority’ definition under the amended Service Regulations, 2013 – Implications for the legitimacy of the charge-sheet and subsequent proceedings – Argument that procedural irregularities vitiated the proceedings. [Paras 7-9, 14-17]

Principles of Natural Justice and Disciplinary Proceedings – Discussion on adherence to principles of natural justice – Assessment of whether procedural irregularities led to prejudice or miscarriage of justice against the petitioner – Judicial review confined to decision-making process in disciplinary proceedings. [Paras 18, 20-21]

Admission of Guilt and Procedural Compliance – Evaluation of petitioner's admissions regarding deviations from banking practices and sanctioning loans against norms – Enquiry officer’s reasoned findings upheld by Disciplinary Authority and Appellate Authority – No substantial miscarriage of justice found. [Paras 22, 24]

Decision: Writ petition dismissed. No interference with the charge-sheet, enquiry proceedings, or orders of punishment and appellate authority. [Para 24]

Writ Petition – Pay Anomaly Correction – Petition for equalizing petitioner's pay with that of a junior colleague – Petitioner, a retired 'Process Server', sought parity in pay with respondent no. 4, who drew higher pay at retirement. [Para 1-4, 9]

Judicial Precedent – Reference to Similar Cases – Citing instances of pay correction in similar circumstances in the judiciary department – Previous High Court orders and government actions cited as precedents for pay anomaly correction. [Para 5-8, 15-16]

Legal Argument – Application of Rule 55(4) of West Bengal Service Rules – Argument for stepping up petitioner’s pay in line with junior’s pay based on Rule 55(4), highlighting cases of similar pay step-ups. [Para 10-11, 14-15]

Opposition by State – Differentiation in Circumstances – State’s contention that petitioner's circumstances were not identical to those in cited cases, suggesting benefit under the Modified Career Advance Scheme, 2001 instead. [Para 12]

Judicial Analysis – Review of Applicability of Rule 55(4) – Consideration of legal provisions and past judgments relevant to the case. [Para 13-16]

Direction for Representation – Opportunity for Grievance Redressal – Granting liberty to petitioner to submit a detailed representation to the learned District Judge, with instructions for the procedure and timeframe for addressing the grievance. [Para 17-18]

Orders – Disposal of Petition with Directions – Disposal of the writ petition with specific directions for reconsideration of petitioner’s pay anomaly and subsequent actions based on findings. [Para 18-19]