Civil Writ - Service Law – Compassionate Appointment – Claim for Higher Rank – No Policy Exists – Petition Dismissed – The petitioner sought appointment as Sub-Inspector or Assistant Sub-Inspector claiming parity with other individuals whose family members served as spies and were imprisoned in Pakistan – Held: There is no express or implied policy of the Punjab Government supporting such appointment to a higher post – Petitioner was already appointed as Constable considering his background and qualifications – Court cannot direct for appointment to a higher post without legal backing – Claim rejected [Paras 6-8].

Compassionate Appointment – No Vested Right – Appointment Beyond Policy – The Court reiterated that compassionate appointments are exceptions to the general recruitment rules and must strictly conform to the applicable policy – In absence of any policy providing for appointment to higher ranks based on the petitioner's circumstances, no direction can be issued to grant appointment beyond what was already given [Paras 7-8].

Decision – Petition Dismissed – The writ petition challenging rejection of representations for appointment to higher post is dismissed – No direction can be issued in absence of any government policy enabling such appointment [Para 9].

Criminal Law – Quashing  – Sanction for Prosecution – Non-Application of Mind – Sanction Order Quashed – Applicants, Axis Bank officials, were prosecuted based on a sanction order issued by a corporate executive without proper application of mind – Sanction extended to IPC offences not sought or within authority’s purview – Held: Sanction vitiated by total non-application of mind and ultra vires [Paras 8-10, 41-44].

Prevention of Corruption Act – Distinction Between PC Act and IPC Sanctions – Prosecution Only Valid Under PC Act – Trial court failed to note that prosecution sanction was restricted to Section 19 of PC Act and not for IPC offences – Bank official lacked authority to sanction prosecution under IPC – Held: Discharge rejection erroneous, sanction invalid for IPC charges [Paras 21-23, 41-43].

Judicial Review – Standards for Valid Sanction – Speaking Order and Independent Mind – Court reiterated that sanction must reflect independent examination of facts, not mere reproduction of investigative materials – In present case, language of sanction reflected mechanical approval and omnibus scope – Held: Order invalid under settled legal principles [Paras 29-30, 43-44].

Evidence Law – Defective Counter Affidavit – Procedural Irregularity – Court noted CBI’s counter affidavit violated Rule 8 and 12 of Allahabad High Court Rules by mixing opinion with facts and failing to state sources – Held: Procedural defects overlooked in interest of justice, but contentions not persuasive [Paras 16-21].

Decision: Application under Section 482 Cr.P.C. allowed – Sanction order dated 02.02.2023 and discharge rejection order dated 28.07.2023 quashed – Discharge application of applicants allowed due to incurable defect in sanction for prosecution [Para 45].

Family Law - Hindu Marriage Act – Section 27 – Independent Application for Return of Stree Dhan – Not Maintainable – Impugned Judgment Set Aside – Family Court passed order under Section 27 of the Hindu Marriage Act independently, without pendency of any matrimonial proceeding under Sections 9 to 13B – Held: Section 27 does not create an independent cause of action – Application not maintainable – Judgment rendered without jurisdiction is a nullity and liable to be set aside [Paras 3–4, 8–9].

Evidence Law – Admissibility of Secondary Evidence – Photocopy of Jewellery Receipts – Improper Reliance – Respondent relied solely on photocopies of jewellery bills as proof of stree dhan – No explanation offered for admitting secondary evidence – Appellant's failure to object not equivalent to admission – Held: Family Court erred in treating unproved photocopies as conclusive proof – Possession and ownership of stree dhan remained unestablished [Paras 6–7].

Criminal Allegations – Cross-Examination Admission Ignored – Perverse Finding – Respondent alleged that appellant forcibly snatched jewellery and threw her out on 24.11.2014 – Admitted in cross-examination that appellant was in Bombay on the date of incident – Family Court ignored this crucial admission – Held: Finding of possession of stree dhan by appellant is perverse and unsupported [Paras 6–7].

Appeal vs. Review – Maintainability – No Estoppel – Respondent contended that appellant's failure in review and non-challenge to execution barred appeal – Rejected – Held: Right to appeal is statutory under Section 96 CPC – Review failure does not bar appeal – Execution must fail where judgment is without jurisdiction [Para 11].

Maintenance Adjustment – Partial Execution Adjusted – Appellant paid ₹7,00,000 voluntarily and ₹2,10,000 recovered by execution – Held: Amounts to be adjusted towards prior maintenance order under Section 125 CrPC – No further liability remains for the same period [Para 10].

Decision – Appeal Allowed – Judgment dated 31.03.2022 passed without jurisdiction under Section 27 of the Hindu Marriage Act is quashed – Execution proceedings dropped – Payments adjusted against earlier maintenance liability – Respondent’s claim under Section 27 held not independently enforceable [Paras 10–12].

Taxation Law - Customs Duty Exemption – Import of Inverter Units – Notification No. 12/2012-CE – Exemption Denied – Assessee imported standalone grid-tied solar inverters and claimed exemption from additional duty under Notification No. 12/2012-CE dated 17.03.2012 – Department denied exemption on the ground that the imported item did not constitute a complete Solar Power Generating System – First Appellate Authority allowed the claim noting absence of proof of multiple-use and liberal interpretation in favour of assessee – CESTAT reversed the decision, holding that exemption was inapplicable to partial imports like standalone inverters unaccompanied by photovoltaic cells – Held: Since only inverters were imported without solar panels, the imported goods do not satisfy the requirement of being a complete Solar Power Generating System – Notification applies to systems, not components – No infirmity in Tribunal's reasoning – Appeals dismissed [Paras 1-4].

Interpretation of Exemption Notification – Component vs. System – Liberal Construction – Limited Scope – Assessee claimed liberal construction of exemption notification to include inverter as part of system – Held: Exemption applies to full systems, not to partial components when imported alone – Liberal interpretation does not extend exemption beyond the express language of the notification – Component imported must form an integrated unit with others to qualify – Tribunal’s view affirmed [Paras 3-4].

Customs Appeals – Findings of Tribunal – No Interference Warranted – Concurrent Finding on Facts – Held: Tribunal rightly found that the essential photovoltaic component required to form a solar power generating system was absent – As imports did not meet the criteria of the notification, the Tribunal’s decision is well-reasoned – High Court will not interfere with concurrent findings based on admitted facts – Appeals merit no consideration [Para 4].

Decision – Assessee Not Entitled to Exemption – Appeals Dismissed – Held: Import of only inverters does not qualify as import of Solar Power Generating System – Benefit under Notification No. 12/2012-CE rightly denied – CESTAT’s orders upheld – All three appeals dismissed [Para 4].

Criminal Law – Murder – Section 302 of the IPC - Acquittal – Appeal against conviction allowed after 23 years of FIR registration – Trial court had convicted appellant Gajender @ Lambu under Section 302 IPC and sentenced him to life imprisonment – High Court finds that the case is based entirely on circumstantial evidence, with key prosecution witnesses turning hostile and motive alone found insufficient for conviction – Held: Prosecution failed to prove guilt beyond reasonable doubt [Paras 2, 18, 19]

Witness Testimony – Hostile Witnesses – P.W. 4 (Shiva) and P.W. 5 (Pawan Kumar) initially claimed to have seen accused and co-accused leaving deceased’s premises around the time of the murder – Both witnesses turned hostile during trial and denied making any such observations or knowing about any relationship between deceased and accused’s daughter – Their statements thus failed to corroborate prosecution's version [Paras 4, 18]

Circumstantial Evidence – Insufficient Chain – Recovery of letter (Ex.P-1) and diary (Ex.P-3) indicating alleged relationship between deceased and accused’s daughter – Diary recovered based on disclosure statement of accused – FSL confirmed handwriting belonged to deceased – Court held that even if motive was established, absence of complete and cogent chain of circumstances failed to conclusively prove guilt – Cited Supreme Court precedents emphasizing that motive alone or suspicion cannot substitute legal proof [Paras 12, 18]

Motive – Relationship of Deceased with Accused’s Daughter – Motive alleged was accused's anger upon seeing his daughter with the deceased – Court reaffirmed that motive, even if strong, cannot solely lead to conviction without a full chain of corroborative circumstances pointing exclusively to the accused’s guilt – Reference made to Sharad Birdhichand Sarda and other landmark rulings [Paras 12–17]

Decision: Appeal allowed – Conviction and sentence under Section 302 IPC set aside – Appellant Gajender @ Lambu acquitted – Pending applications disposed of [Paras 19, 20]

Criminal Law - Murder  – Section 302, 34 of the IPC - Acquittal of Co-accused – No Evidence of Prior Conspiracy – Trial Court Upheld – Appellate Court observed that prosecution failed to prove any common intention or criminal conspiracy among A-1, A-2, and A-3 with the deceased or other accused – CCTV footage did not indicate any overt or covert act linking them to the murder – No prior communication or coordinated action established – Acquittal of co-accused A-1 (Ravi), A-2 (Rinku), and A-3 (Rocky) upheld [Paras 46–47, 53].

Murder Trial – Conviction of A-4 Set Aside – Lack of Intent and Independent Action by Co-accused – A-5 fired shots from pistol taken from A-4 (Anil Kumar Vats), but evidence and CCTV showed A-4 attempted to restrain him – Court found no conclusive proof of common intention or prearranged plan – Held: A-4’s mere possession of firearm without proof of conspiracy not enough to sustain conviction under Section 302/34 – Conviction reversed, A-4 acquitted [Paras 50–54].

Hostile Witness – Testimony of PW-1 – Partially Reliable – Though PW-1 turned hostile during cross-examination, key portions of his testimony were consistent and corroborated by CCTV footage – Held: Testimony of hostile witness not automatically discarded – Court may rely on corroborated parts deemed credible [Paras 25–27].

CCTV Footage – Admissibility and Evidentiary Value – Footage supported sequence of events and role of key accused – Certificate under Section 65B Evidence Act was produced – No evidence of tampering – Held: CCTV footage properly admitted and reliable – Supported conclusions drawn by Trial Court and Appellate Court [Paras 34–36].

Appeal by Victim’s Father – No Illegality in Acquittal – No Material Evidence Against Acquitted Accused – Complainant’s appeal (CRL.A. 720/2024) lacked merit – No new evidence or legal error found – Judgment of acquittal sustained [Paras 53].

Final Decision – Appeal by Convict Allowed – Appeal by Complainant Dismissed – Acquittal of A-1, A-2, A-3 confirmed – Conviction of A-4 set aside – A-4 to be released unless required in other cases – Directions issued to Jail Superintendent and Trial Court for compliance [Paras 53–55].

Section 138 of the Negotiable Instruments Act – Dishonour of Cheques – Failure to Prove Debt – Acquittal Upheld - The complainant alleged a friendly loan of ₹8.5 lakhs was given and cheques were dishonoured – Respondent admitted signature on cheques but claimed they were issued in a different context – Court held that complainant failed to establish existence of legally recoverable debt – No documentary proof of loan or financial capacity – Presumption under Section 139 rebutted – Leave to appeal dismissed [Paras 6–25].

Presumption under Sections 118 and 139 N.I. Act – Nature and Rebuttal – Court clarified that presumption of consideration is rebuttable – Referred decisions emphasized that accused need not conclusively prove innocence but can rebut presumption by material creating reasonable doubt – Held: Onus was not discharged by complainant to prove foundational facts for invoking presumption [Paras 17–22].

Proof of Financial Capacity – Lack of Evidence – Burden Not Discharged - Complainant failed to provide any transaction date or reliable financial documents to show her ability to lend ₹8.5 lakhs – Bank statements failed to reflect such capacity – Court noted improbability of such a large loan without documentation – Complaint rightly dismissed [Paras 23–25].

Decision – Petition Dismissed – Acquittal Affirmed - Leave to appeal was declined on the ground that the complainant failed to prove legally enforceable debt – Respondent's acquittal under Section 138 N.I. Act upheld [Para 26].

Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued – Held: Discharge order passed without inquiry or opportunity of hearing violates Article 311(2) and principles of natural justice – Such discharge is void ab initio [Paras 6–7, 15–17, 24].

Suppression of Facts – Attestation Form – No Knowledge of Pending Cases – Innocence Established – No Willful Suppression – Petitioner obtained character certificate from DSP showing no adverse report – Criminal cases cited by State found to have concluded in his favour – One withdrawn, in other name dropped from chargesheet – Held: No evidence to prove petitioner had knowledge of cases – Suppression not established – Allegation baseless [Paras 8–10, 18–21].

Judicial Review – Employment Termination – Scope and Grounds – Arbitrary and Illegal Action Interdicted – High Court reiterates that suppression of criminal involvement must be intentional and based on knowledge – State failed to prove petitioner was aware of pendency or required to disclose – Discharge held unreasonable and disproportionate [Paras 19–20].

Precedents – Avtar Singh v. Union of India – Ravindra Kumar v. State of U.P. – Applied – Court applies principles laid down in Avtar Singh (2016) 8 SCC 471 and Ravindra Kumar (2024) 5 SCC 264 – Absence of knowledge of pending criminal case cannot be construed as suppression – Decision to discharge unsustainable [Paras 22–23].

Decision – Writ Petition Allowed – Discharge Order Dated 02.02.2024 and Rejection Order Dated 18.07.2024 Quashed – Petitioner to Be Reinstated With Full Benefits – Court directs reinstatement with all service and financial benefits – Period of discharge to be treated as “On Duty” – Entire exercise to be completed within two months [Para 24].

Service Law - Service Jurisprudence – Change in Cadre Structure – District Cadre to State Cadre – Notification Challenged – Notification upheld - Petitioners, serving as Senior Assistants and other clerical staff, challenged the notification dated 03.10.2023 converting posts from district/division cadre to State cadre – Held: The notification does not infringe upon any fundamental or vested rights as chances of promotion are not a condition of service – The policy decision was within the administrative competence of the State and was not shown to be arbitrary or mala fide [Paras 1, 7–9].

Right to Promotion – Scope under Article 16 – No Vested Right – Right to be considered upheld - The Court reiterated that while the right to be considered for promotion is a condition of service, mere chances of promotion are not – Any loss of promotional opportunity due to administrative reorganization does not amount to violation of Articles 14 or 16 unless mala fides or arbitrariness is proven – Petitioners failed to show infringement of any constitutional right [Paras 6–8, 16–18].

Legislative Competence – Power of State to Alter Service Rules – Constitutionally Valid – It was held that the State is competent under Article 309 of the Constitution to amend service rules, restructure cadres, and prescribe new promotion policies – Such decisions fall within the executive domain and are not amenable to judicial review unless shown to be unconstitutional or arbitrary – Petitioners’ claim of legitimate expectation was also not upheld [Paras 10–13].

Retrospective Application – Notification Not Shown to Have Retrospective Effect – No Prejudice – The Court noted that the impugned notification did not retrospectively affect accrued seniority or alter inter-se seniority already determined at district level – Seniority under State cadre was based on existing records without disturbing relative positions – No actionable prejudice was demonstrated [Paras 3, 9].

Judicial Review – Administrative Policy – Limited Scope – No Interference – Court declined to interfere with the cadre restructuring policy, citing the consistent view of the Supreme Court that policy decisions of the State regarding service structure are immune from judicial interference unless violative of fundamental rights – No such violation found in present case [Paras 14–15].

Decision – Writ Petition Dismissed – The petitioners failed to demonstrate that the notification dated 03.10.2023 was unconstitutional, arbitrary, or violated any legal or vested right – Petition dismissed along with pending applications [Para 19].