Bail – Criminal Law – Bail Jurisprudence – Petitioners accused of offences under Sections 420, 406, and 120-B IPC, sought bail under Section 439 Cr.P.C. Contended that offences are triable by a Court of Magistrate, no case made out against them, and their incarceration is unwarranted. Argued that co-accused had already been granted bail and petitioners' cases are not distinguishable.

Grant of Bail – Judicial Discretion – Court reiterated bail jurisprudence, emphasizing discretion vested in Magistrates for offences triable by them. Highlighted that prolonged detention without trial completion infringes on rights and goes against reformative justice principles. Court found no legal impediment to grant bail to petitioners, given no significant adverse factors against them. [Paras 1-28]

Decision – Bail Granted – Petitions allowed. Petitioners ordered to be enlarged on bail on furnishing personal bonds and sureties as stipulated. Court underscored parity with co-accused and judicial consistency as grounds for decision. [Paras 5-6]

Externment Order – Bihar Control of Crimes Act, 1981 – Principles of Natural Justice – Petitioner challenged the externment order dated 22.10.2023 – Contended that notice period was less than 24 hours – High Court found violation of natural justice due to impractical notice period – Highlighted that the petitioner could not be classified as an anti-social element as defined under Section 2(d) of the Act – Externment order deemed null and void [Paras 1-28].

Judicial Review – Maintainability of Writ Petition – Alternative Remedy – Writ petition filed despite the availability of alternative remedy under Section 6 of the Act – High Court held writ petition maintainable as the petitioner’s liberty was at stake and principles of natural justice were violated – Reference to precedents including Whirlpool Corporation v. Registrar of Trade Marks, AIR 1978 SC 851, and others [Paras 6-8].

Definition of Anti-Social Element – Application of Section 2(d) – Evaluated whether the petitioner met criteria under Section 2(d) – Court concluded petitioner did not habitually commit offences as required – Relied on Vijay Narain Singh v. State of Bihar (1984) 3 SCC 14 for interpretation of "habitually" [Paras 9-25].

Decision – Writ Petition Allowed – Held – Externment order dated 22.10.2023 against the petitioner set aside – Directed authorities to comply with principles of natural justice in future proceedings – Emphasized need for reasonable opportunity to respond to notices [Paras 28-29].
 

Reservation Law – Recruitment Process – Petitioners, all ex-servicemen, challenged the advertisement for recruitment of Banking Associates which excluded them from the reservation benefits – Contended that as per the Jammu & Kashmir Reservation Act, 2004 and the Rules framed thereunder, they are entitled to 6% horizontal reservation – Bank argued that its recruitment rules did not provide for such reservation – Held that the Bank, being an autonomous institution, was not bound by the reservation policy of the Government of Jammu & Kashmir – Writ petitions dismissed [Paras 1-15].

Employment Law – Autonomous Institutions – The Bank, governed by its own Articles of Association and Service Rules, is not obliged to follow government reservation policies unless explicitly incorporated in its rules – Emphasized the need for the Bank to act as a model employer and consider providing reservations for ex-servicemen in future recruitments – Observations made for the Bank to introspect and potentially revise its policies [Paras 7-15].

Decision: Writ petitions dismissed – Court suggests the Bank to consider providing reservation for ex-servicemen in future recruitment policies but does not issue a binding direction [Para 15].
 

Criminal Procedure – Additional Evidence – Section 391 Cr.P.C. – Application filed for further cross-examination of P.W.1 Melita Sabar – Initial examination and cross-examination conducted, with alleged contradictions in her statements before different courts – High Court allows additional evidence in the interest of justice and to ensure fair trial, emphasizing the accused’s right to a fair opportunity to confront witness statements [Paras 1-25].

Evidence – Previous Statements – Section 145 of the Evidence Act – Statements made by P.W.1 in different judicial proceedings treated as ‘previous statements’ – Permissible to use for contradiction during cross-examination – High Court permits questions from the questionnaire to be put to P.W.1, adhering to procedural fairness and ensuring no prejudice to the accused [Paras 26-38].

Fair Trial – Appellate Court’s Discretion – Section 391 Cr.P.C. invoked to ensure comprehensive justice – The court emphasizes the balance between speedy trial and thorough adjudication – Additional evidence deemed necessary to avoid miscarriage of justice, particularly in death penalty cases [Paras 39-52].

Decision:

Application allowed – Trial Court directed to issue summons to P.W.1 and permit cross-examination with specified questions from the questionnaire.

Prosecutor granted liberty to re-examine P.W.1 if necessary based on new evidence.

Further hearing of DSREF and CRLA scheduled post additional evidence submission.

Reservation Policy in Public Employment – EWS Category – Petitioner challenges the provisional selection of respondent No.4 for the post of Assistant Professor in Sociology under the EWS category – Court examines the applicability of EWS reservation policies as per J&K Reservation Act, 2004, and the UGC guidelines – University of Jammu found not to have amended its statutes to include EWS reservation – Advertisement for the post under EWS category held unsustainable [Paras 1-54].

Reservation in Universities – Applicability of UGC Guidelines – Universities required to follow UGC guidelines on reservation for SC/ST – No specific provision for EWS in UGC guidelines – University’s statutes provide for reservation only for SC/ST and only at the Assistant Professor level – University’s failure to amend statutes to include EWS reservation – Advertisement and selection process quashed [Paras 27-50].

Decision – Writ Petition Allowed – Advertisement for Assistant Professor in Sociology under EWS category quashed – University directed to re-advertise the post as per existing laws – Court highlights need for statutory amendments to include EWS reservation in university recruitment [Para 54].

Attempt to Murder – Reduction of Sentence – Appellant convicted under Section 307 IPC for attempting to murder the complainant by assaulting with an axe – Conviction under Sections 504 and 506-II IPC also imposed – Court finds lack of intention to kill; injury caused not sufficient to cause death in the ordinary course of nature – Conviction under Section 307 reduced to Section 326 IPC – Sentence reduced to 3 years RI with fine – Conviction under Sections 504 and 506-II IPC set aside [Paras 1-36].

Interested Witnesses – Credibility – Testimonies of related witnesses scrutinized – Court holds testimonies reliable despite minor contradictions – Affirms principle that related witness testimonies hold probative value if corroborated by evidence [Paras 13-17].

Independent Witnesses – Absence – Non-examination of independent witnesses not fatal – Incident occurred in agricultural field, natural absence of independent witnesses – Prosecution case supported by medical evidence and injured’s testimony upheld [Paras 19-22].

Decision:

Appeal Partly Allowed – Conviction and sentence under Section 307 IPC set aside and replaced with conviction under Section 326 IPC – Appellant sentenced to 3 years RI with a fine of Rs.10,000/- – Conviction under Sections 504 and 506-II IPC set aside – Appellant to be released after serving the sentence and paying the fine – Fine amount, if already paid, to be adjusted and Rs.10,000/- to be compensated to the injured [Paras 36-40].

Co-operative Societies – Amendment of Rules – Petitioners challenged amendments made by the Registrar acting as an Administrator – Claimed amendments were illegal and contrary to the 1961 Act and 1963 Rules – Court found Registrar's actions to be a colourable exercise of power – Administrator cannot take policy decisions or amend rules unilaterally – Amendments quashed [Paras 1-20].

Registrar's Dual Role – Registrar appointed himself as an Administrator and subsequently approved his own recommendations – Court held this as a conflict of interest and a violation of cooperative principles and legal provisions – Emphasized the necessity of an independent and unbiased procedure for such amendments [Paras 12-19].

Doctrine of Necessities – Doctrine inapplicable in this case – Administrator cannot take policy decisions that fundamentally alter the cooperative structure – Cooperative societies should maintain autonomy in managing their affairs [Para 14].

Relief – Amendments made in the 1970-71 Rules by the Administrator and approved by the Registrar quashed – Petitioners allowed to challenge departmental actions in appropriate forums if necessary [Paras 20-21].

Industrial Law – Wrongful Termination – Compliance with ID Act – The case involved the State of Punjab's challenge to the Industrial Tribunal's award, which found the termination of Kamaljit, a work-woman, to be in violation of the Industrial Disputes Act, 1947. The Tribunal had ordered her reinstatement with 50% back-wages from the date of the demand notice, citing non-compliance with Section 25-F of the ID Act [Paras 1-2].

Nature of Employment – Classification as Industry – The petitioners argued that the Forest Department was not an 'Industry' under the ID Act. The Tribunal, however, referred to precedents establishing the Forest Department as an 'Industry' and rejected this contention. The Tribunal's conclusion was based on precedents like Divisional Forest Officer vs. Jagdish and others, 2003(4) RSJ 264 [Para 4].

Inconsistent Testimony and Employment Records – The Tribunal noted inconsistencies in the management's witness statements regarding Kamaljit's employment duration, ultimately determining that she was employed from October 1998 to December 2000. This inconsistency supported the Tribunal's finding of wrongful termination [Paras 5-16].

Modification of Award – Compensation in Lieu of Reinstatement – Citing similar cases where compensation was awarded instead of reinstatement, the court modified the Tribunal’s order. Kamaljit was awarded a lump-sum compensation of ₹3.50 lakhs, considering she had attained superannuation and had rendered over two years of service before termination [Paras 6-8].

Decision: The writ petition was disposed of with a modification of the Tribunal's award. Kamaljit was awarded ₹3.50 lakhs as compensation in lieu of reinstatement, to be paid within three months, failing which interest at 6% per annum would be applicable.
 

Criminal Law – Section 138 of the N.I. Act – Issuance of Security Cheques – Legal Enforceability:
Petitions filed to quash criminal proceedings under Section 138 of the Negotiable Instruments Act – Cheques issued by petitioners as security for employment contracts – Petitioners argued no legally enforceable debt existed at the time of issuance – Respondents contended cheques were dishonored due to breach of contract terms – High Court held the relevant date for determining enforceability is the date of presentation – Cheques issued as security can attract Section 138 if liability exists at the time of presentation [Paras 1-20].

Contractual Obligations and Security Cheques – Burden of Proof:
Petitioners argued cheques were not for discharge of debt but as indemnity against future losses – Court observed that legal liability on the date of presentation suffices for Section 138 – Burden on the drawer to rebut presumption of liability under the Act – Arguments about invalid contracts and lack of enforceability to be examined during trial, not at the quashing stage [Paras 10-12, 20].
Decision: Petitions dismissed – Criminal proceedings under Section 138 N.I. Act to continue – Trial court directed to expedite proceedings given the pendency since 2017 – Petitioners allowed to present evidence and challenge the enforceability of the alleged debt during trial [Paras 21-22].