Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served dual functions for over 15 years - Appeal dismissed for lack of merit, with the High Court upholding the lower courts' findings. [Paras 1-12]

Regularization of Part-Time Employees - Criteria under Government Notification - Analysis - Held - Plaintiff served dual roles as Sweeper during the day and Chowkidar at night, falling within the purview of the Haryana Government's regularization policy for contractual and adhoc employees with over three years of service - Notification aimed at employees completing three years of uninterrupted service by 30.09.2003, which the plaintiff satisfied. [Paras 7, 10]

Decision - Dismissal of Appeal - High Court finds no merit in the appeal - Plaintiff's appointment against a sanctioned post and continuous dual service for 15 years substantiates his regularization under the relevant government notification - Appeal dismissed. [Paras 11-12]

Locus Standi - Disciplinary Proceedings - Writ of Quo Warranto - Petition by a third party challenging the order of the Chancellor of the University dropping disciplinary proceedings against a professor - Held, the petitioner, being a stranger to the disciplinary proceedings, has no locus standi to question the order - Writ of quo warranto not maintainable for challenging orders of a statutory authority - Petition dismissed with costs. [Para 7]

Power of the Chancellor - University Act Provisions - Analysis - Held, the Chancellor of the University has special and residual powers under Sections 13(13) and 13(14) of the University Act, including the power to annul proceedings of the University not in conformity with the Act - Chancellor’s decision to drop disciplinary proceedings based on the facts and lack of evidence against the professor upheld. [Para 10]

Decision - Dismissal of Petition - High Court dismisses the writ petition for lack of locus standi and maintains the Chancellor’s order - Petitioner ordered to pay costs of Rs. 15,000 to the Poor Patient Welfare Fund, PGI, Chandigarh. [Para 14]

Criminal Procedure - Alteration and Addition of Charges - Power of Court - Petition challenging the trial court's order allowing the prosecution's application for amending the charge sheet - Held, the trial court has the power to alter or add charges at any time before the judgment is pronounced, but this power should not be used to create a totally new case - Amendment of charge sheet must be based on new evidence and not merely to correct mistakes in the original charge sheet - Petition allowed, impugned order quashed. [Paras 7-12]

Power of Amendment and Addition of Charges - Analysis - Held, Section 216 Cr.P.C. empowers the court to alter or add charges but does not allow making out a new case entirely - Such power should be exercised judiciously and not arbitrarily - Amendment based on prosecution's claim of mistake without new evidence is not justified. [Para 9]

Decision - Quashing of Impugned Order - High Court quashes the trial court's order allowing amendment of charge sheet as it was not based on new evidence and altered the foundation of the case - Petition allowed. [Paras 12-13]

Unaided Educational Institutions - Disciplinary Procedures - Judicial Review - Employment Termination

Unaided Educational Institutions - Disciplinary Procedures – Letters patent appeals concerning termination of employees from an unaided educational institution – Held: The Haryana School Education Rules, 2003, provide a detailed disciplinary procedure for unaided educational institutions. Major penalties can only be imposed following an enquiry and with the approval of the Managing Committee. Failure to follow these procedures invalidates the termination. [Paras 16, 19, 20]

Natural Justice - Termination of Employment – Analysis – Held: Termination of employees without providing a fair hearing and not following the prescribed disciplinary procedures violates principles of natural justice. Employers must adhere to the notice period stipulated in the employment contract and conduct a proper enquiry before terminating services. [Paras 13, 24]

Compensation vs. Reinstatement – Consideration – Held: While reinstatement is a typical remedy for wrongful termination, courts can award compensation instead, especially where reinstatement is impractical due to strained relations between the parties. Compensation is calculated based on the employee's salary and tenure. [Paras 26-29]

Criminal Procedure - Regular Bail - Section 153-A IPC - Petition for regular bail under Section 439 Cr.P.C. - Accused allegedly wore a T-shirt with a picture of Jagdish Tytler and words "HAPPY BIRTHDAY TO OUR BELOVED GOD FATHER" - Held, mere wearing of such a T-shirt does not constitute an incriminating material or provocative act under Section 153-A IPC - No prima facie case made out - Petition allowed, bail granted. [Paras 19-25]

Mens Rea and Provocative Act - Analysis - Held, for an offence under Section 153-A IPC, the prosecution must establish intent to promote enmity or hatred between different groups - No evidence of such intent or any provocative act by the petitioner - Petitioner's role as General Secretary of SC/ST Cell of Punjab Pardesh Congress Committee considered. [Para 20]

Decision - Grant of Bail - High Court grants regular bail to the petitioner due to lack of incriminating evidence and absence of mens rea - Conditions imposed for bail include surrendering passport, weekly appearance before the Investigating Officer, and no influence on witnesses. [Paras 24-25]

Constitutional Law - Equality before Law - Letters Patent Appeal - Appointment of Conductors - Article 14 of the Constitution of India - Petitioners were higher in merit than others who were appointed - Held, it is iniquitous to deny relief to the writ petitioners when similar relief was granted to other candidates lower in merit. The State did not have a license to act in an arbitrary manner. The order of the learned Single Judge does not suffer from any infirmity. Appeal dismissed. [Paras 12-16]

Appointment of Conductors - Merit List - Additional Appointments - Held, the State had operated the waitlist and granted appointments to persons lower in merit. The writ petitioners who were higher in merit are entitled for appointment which was rightly directed by the learned Single Judge. [Paras 16-17]

Decision - Dismissal of Letters Patent Appeal - Court dismisses the appeal, upholding the order of the learned Single Judge directing the appointment of the writ petitioners as Conductors based on their merit in the waitlist. [Para 17]

Civil Procedure – Ex-parte Decree – Service of Summons – Revision Petition – Application under Order IX Rule 13 CPC dismissed – Ex-parte decree in suit for recovery – Service not proved – Reports by Process Server not witnessed by any independent person – Court failed to record satisfaction regarding service – Opportunity to lead evidence should have been given to petitioner – Petition allowed, application restored to be decided afresh. [Para 1-3, 7-9, 13, 15-16, 20-23]

Presumption of Service – Analysis – Doctrine of natural justice requires no person to be condemned unheard – Report of refusal must be witnessed by an independent person – Court must record satisfaction of service before proceeding ex-parte – In absence of such satisfaction, ex-parte proceedings not sustainable – Opportunity to rebut presumption of deemed service must be given. [Para 11, 13-14, 19]

Decision – Application for Setting Aside Ex-parte Decree – Application under Order IX Rule 13 CPC to be reconsidered – Trial court to frame issues and provide opportunity to petitioner to lead evidence – Impugned orders set aside – Parties directed to appear before trial court. [Para 22-24]

Criminal Law - Murder - Last Seen Theory - Appeal against conviction - Appellants convicted of murder based on the last seen theory, corroborative evidence from fingerprints, foot track moulds, and DNA matches - Held, last seen theory gains immense vigor when corroborated by credible witness testimony and expert reports - Conviction upheld. [Paras 10-12, 27, 31]

Identification and Corroboration - Analysis - Held, in a circumstantial evidence case, credible witness testimony combined with expert evidence on fingerprints and DNA strongly supports the prosecution's case - No need for a test identification parade if the accused are identified in court and not effectively cross-examined on their identity. [Para 36(1)]

Disclosure Statements and Recoveries - Significance - Analysis - Held, recoveries made pursuant to disclosure statements, when not proven to be false or planted, add significant probative value to the prosecution's case - Expert reports on fingerprints and DNA further corroborate the disclosures. [Paras 16-19, 24-25]

Foot Track Moulds - Expert Matching - Analysis - Held, expert matching of foot track moulds with footwear of the accused establishes their presence at the crime site - Even if moulds do not match for one accused, other corroborative evidence maintains the prosecution's case integrity. [Para 36(2)]

Decision - Affirmation of Conviction and Sentence - High Court dismisses the appeal, upholding the trial court's conviction and sentencing - Orders immediate execution of sentence for convicts on bail. [Paras 37-39]

Right to Travel Abroad - Issuance of LOC - Writ petition challenging the LOC issued against the petitioner by the Bureau of Immigration at the instance of UCO Bank - Held, right to travel abroad flows from Article 21 of the Constitution, and a high threshold is required to deny this right - LOC cannot be issued merely on the grounds of being a willful defaulter without any cognizable offence - Petition allowed. [Paras 36, 40-43]

Grounds for Issuing LOC - Analysis - Held, LOC can be issued for committing cognizable offences where the accused deliberately evades arrest or does not appear before the trial courts despite non-bailable warrants - Mere non-payment of loan dues does not meet the high threshold required to curtail the fundamental right to travel abroad - Petitioner not involved in any criminal case and no FIR registered against him. [Para 36, 41]

Decision - Quashing of LOC - High Court quashes the LOC issued against the petitioner and permits him to travel abroad for two months - Orders the expunging of any remarks/endorsement related to the LOC from the petitioner's passport - Petition allowed with conditions for the petitioner to deposit a FDR/TDR of Rs. 10 lakhs valid for one year. [Paras 45-46]