Criminal Law – Anticipatory Bail – Serious Allegations – Petition for anticipatory bail under Section 438 of Cr.P.C. in a case involving serious allegations under multiple sections of IPC, SC/ST Act, and IT Act. Allegations included rape, wrongful confinement, criminal intimidation, and recording and storing objectionable material. Held - given the gravity of the charges and the petitioner’s criminal antecedents, anticipatory bail cannot be granted. The petitioner’s suppression of his criminal past further negates his eligibility for discretionary relief. Petition dismissed [Paras 1-13]​​.

Decision: Petition dismissed. The court held that the discretionary relief of anticipatory bail is not meant for a person who suppresses facts about his criminal past and approaches the court with tainted hands​​.

Criminal Procedure – Quashing of Proceedings – Compromise – Petition filed for quashing of DDR under Sections 323, 324, 148, 149 IPC in FIR under Sections 323, 324, 325, 148, 149 IPC, and the order declaring the petitioner a proclaimed offender. Statements of parties recorded before SDJM, confirming the compromise was voluntary. The petitioner appeared before the trial court and was granted bail. Held, the purpose of Section 82 Cr.P.C. is to secure the presence of the accused, which has been achieved. Therefore, the order declaring the petitioner a proclaimed offender ceases to operate. Petition allowed and the impugned DDR and order quashed [Paras 1-9]​​.

Power of High Courts – Section 482 Cr.P.C. – Compounding of Offences – High Court possesses wide powers under Section 482 Cr.P.C. to quash FIRs or complaints in cases having a predominantly civil nature or involving matrimonial and family disputes where parties have resolved their issues. Even in non-compoundable offences, compounding can be allowed during appeal or after conviction [Para 6]​​.

Decision: Petition allowed. DDR dated 24.10.2007 and the order dated 21.01.2010 declaring the petitioner a proclaimed offender, along with all subsequent proceedings, are quashed​​.

Public Employment – Denial of Revised Pay Scales – Assured Career Progression Scheme – Petitioners, appointed/promoted as Deputy Project Officers, were denied revised pay scales and benefits under the Assured Career Progression Scheme due to the non-inclusion of the post in the Corporation’s bye-laws – Held, denial of revised pay scales and benefits arbitrary and discriminatory – Corporation’s failure to amend bye-laws in a timely manner cannot penalize employees – Writ Petition allowed – Directed grant of revised pay scales with interest and Assured Career Progression benefits [Paras 1-16].

Model Employer – Duty of the State – State criticized for callousness in treating employees – Emphasized that State must act as a model employer, ensuring a humane approach towards employees to maintain motivation and productivity – State’s impersonal attitude deemed unacceptable – Court deprecated inefficiency and bureaucratic hurdles causing unjust delay in employee benefits [Para 1].

Decision:

Writ Petition allowed – Directed that petitioners be given revised pay scales from the date these were granted to other employees – Benefits of Assured Career Progression Scheme also granted – Interest @ 10% per annum awarded on arrears of pay from the date payable till actual payment – Arrears to be calculated and paid within four weeks from the receipt of the certified copy of this judgment [Para 16].

Provident Fund Dues – Priority Over Other Debts – Section 11 of EPF Act, 1952 – Claim of Central Excise Department – Court held that dues under EPF Act have precedence over central excise dues – Provident Fund dues are deemed first charge on assets of the establishment, overriding earlier claims by central excise if not satisfied by the time EPF claim is made – Attachment of salary of bank manager who credited amount to central excise instead of EPF set aside – Bank not liable due to lack of mala fides [Paras 21-24].

Attachment of Salary – Bank's Compliance with Legal Notices – Bank froze account as per garnishee notice from central excise – Compliance with subsequent EPF notice conflicted due to prior freeze – Legal opinion obtained – Salary attachment of Chief Manager quashed due to bona fide action without malice – No liability attributable to the bank or its officers for prioritizing central excise dues over EPF dues based on timing and notices received [Paras 24-26].

Judicial Review – Supervisory Jurisdiction – High Court’s intervention under Article 227 – Order of EPF Recovery Officer attaching bank manager's salary quashed – Bank acted within reasonable constraints under conflicting legal notices – Court emphasized judicial review to ensure procedural fairness and prevent undue hardship to bank officials acting in good faith [Paras 54-56].

Decision – Writ Petition Allowed – Held – Orders directing attachment of Chief Manager's salary quashed – Direction for central excise to refund amount to EPF Commissioner – Petitioners directed to comply with revised payment obligations – No costs ordered [Paras 55-59].

Seniority List – Merit-Based Determination – Unjust and Arbitrary Actions – Petitioners contested the seniority list finalized on 05.07.2016, which ranked them junior to private respondents solely due to delayed appointment letters, despite higher merit positions – Held, as per Division Bench judgment in Prem Singh's case, petitioners could not be treated as junior due to administrative delays – The action of the Corporation in treating petitioners as juniors violated Articles 14 and 16 – Seniority list quashed and direction issued for deemed date of appointment based on merit list [Paras 1-17].

Judicial Review – Seniority in Service – Principles of Fairness – Petitioners secured higher merit positions in a common selection process and were eligible in terms of qualifications and experience – Corporation's failure to issue appointment letters timely led to unjust seniority ranking – Court emphasized that administrative lapses should not prejudice meritorious candidates – Directions issued to revise seniority list to reflect merit-based rankings [Paras 16-17].

Decision: Petition allowed – Seniority list dated 05.07.2016 quashed – Petitioners granted deemed date of appointment as Junior Engineers (Electrical) from the date the first Junior Engineer was appointed from the same selection process – Corporation directed to issue fresh seniority list for Assistant Engineers (Electrical) within six weeks [Paras 17-18].

Land Ceiling – Reopening of Surplus Area Cases – Delay and Jurisdiction – Petitioners challenged the Financial Commissioner’s orders remanding surplus area cases to the Collector for a fresh decision after 16 and 24 years – Held, the power under Section 18(6) of the 1972 Act, although without a limitation period, must be exercised within a reasonable time – The Financial Commissioner did not justify the delay or consider the consequences of reopening old cases – Petitioners’ land holdings within permissible limits, and orders setting aside the Assistant Collector’s decision allowing eviction were unjustified [Paras 1-33].

Jurisdiction – Exercise of Revisional Powers – Lapse of Time – Supreme Court and High Court precedents require that extraordinary powers under Section 18(6) be exercised with reasons and within a reasonable timeframe – In the absence of fraud or suppression, the reopening of long-settled cases was unwarranted – Financial Commissioner’s order found to be without jurisdiction and set aside [Paras 17-23, 29-31].

Decision: Writ petitions allowed – Orders dated 12.09.1997 and 10.03.1999 passed by the Financial Commissioner set aside – Petitioners’ land holdings declared within permissible limits and eviction orders reinstated [Paras 34-36].

Interim Relief – Appellate Tribunal's Powers – The Appellate Tribunal, Prevention of Money Laundering Act, granted interim relief by temporarily de-sealing and handing over possession of a residential property for marriage functions – Held, the Tribunal has discretionary power to grant interim relief as long as the trial has not commenced before the Special Court – The Tribunal's power to grant interim relief is not barred unless specifically prohibited by statute – Interim orders can be passed if the Tribunal finds errors apparent on the record or procedural violations in the attachment and possession process [Paras 8-12].

Merits of Interim Relief Order – Appellate Tribunal failed to address the appellant's arguments on statutory non-compliance and procedural violations – The order was non-speaking, cryptic, and lacked justification – Appellate Tribunal's order set aside and case remanded for fresh adjudication with proper consideration of statutory provisions and arguments [Paras 13-15].

Decision: Appeal allowed – Interim order of Appellate Tribunal set aside – Case remanded for fresh adjudication – Parties directed to appear before the Tribunal for further proceedings [Paras 15-17].

Rejection of Technical Bids – Compliance with Statutory Provisions – Petitioners’ technical bids were rejected for failing to comply with statutory requirements under EPF/ESI/Contract Labour Act – Petitioners showed independent business proprietors as employees, with EPF remitted in their names – Claimed savings on EPF for actual workmen – Held, rejection justified due to non-compliance with EPF Act, lack of records for actual workmen, and misleading information in bid documents – Writ Petitions dismissed [Paras 1-46].

Violation of EPF Act – Misrepresentation in Bids – Petitioners failed to provide accurate employment records and attendance registers – Independent business proprietors shown as labourers, contrary to tender requirements – Misrepresentation led to EPF being remitted for family members – Petitioners did not adequately justify non-compliance or produce necessary documentation – Rejection of technical bids upheld [Paras 9, 39-40].

Contractual Compliance – Judicial Review Scope –Court emphasized limited scope of judicial review in tender matters – Administrative decisions can be interfered with only if found to be arbitrary, irrational, or mala fide – In this case, FCI’s decision was found to be reasonable and in compliance with statutory requirements – Petitioners’ claims of arbitrariness and violation of natural justice principles were rejected [Paras 30-35, 43].

Decision:- Writ petitions dismissed – FCI's rejection of technical bids upheld as legally justified and compliant with public interest considerations under exceptional circumstances caused by alleged misrepresentation and non-compliance with statutory provisions [Para 46].

Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – Petitioners sought quashing of acquisition proceedings initiated under the Land Acquisition Act, 1894, asserting that the acquisition had lapsed due to non-payment of compensation and non-taking of possession as per Section 24(2) of the 2013 Act – Held, as per the Supreme Court's decision in Indore Development Authority v. Manoharlal, the word 'or' in Section 24(2) must be read as 'nor', meaning acquisition would lapse only if both compensation was not paid and possession was not taken – Since possession of 77.55% of the land had been taken and compensation was paid, the acquisition did not lapse – Petition dismissed [Paras 1-9].

Land Acquisition – Compliance with Statutory Provisions – Judicial Review – Court found that the majority of the compensation (77.55%) was paid and possession was taken as per the rapatroznamcha dated 13.08.2002 – Representation by petitioners was considered and rejected by the Zonal Committee after noting the impact on the development plan, including an 18-meter wide road – Judicial intervention not warranted as statutory provisions were complied with [Paras 8-10].

Decision: Petition dismissed – Notifications dated 12.06.2000 and 11.06.2001 under Sections 4 and 6 of the 1894 Act upheld – No interference warranted with the Zonal Committee's order rejecting the release of the land – Interim order vacated [Para 11].