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]

Criminal Law - Common Object - Group Armed with Weapons - Appeals against conviction under Sections 148, 307, 307/149, 323, 323/149, 324, and 324/149 IPC - Group armed with weapons causing injuries - Medical evidence supported multiple injuries - Common object inferred from prior assembly and armed presence - Conviction upheld, but some appellants given benefit of the doubt due to lack of specific injury attribution. [Paras 28, 41]

Common Object and Weapon Use - Analysis - Held, presence of accused with weapons and causing injuries suggests prior common object - No need for specific injury attribution to each accused if group acted with common intent - Injury caused by individual knife blows attributed to specific accused only. [Paras 24-25]

Compensation to Victims - Analysis - Held, compensation awarded considering injuries suffered by complainant and others - Appellants directed to deposit compensation amounts - Distribution to injured parties after issuance of notices. [Paras 41]

Decision - Conviction and Sentence Upheld with Modifications - Appeals partly allowed - Conviction of main appellants upheld, but sentences modified to time already served - Compensation ordered - Two appellants acquitted due to lack of evidence. [Paras 34-42]

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]

Criminal Procedure - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Amendment and Cognizance - Petition against the summoning order issued by Chief Judicial Magistrate under Section 3(1)(x) of the Act - Held, the amendment to the Act effective from 26.01.2016 confers additional powers to the Special Court to take cognizance directly - Pre-amendment provisions applicable to the complaint since the occurrence pertained to a period before the amendment - Cognizance taken by the Magistrate after the amendment does not vitiate the proceedings - Petition dismissed. [Paras 13, 22, 23]

Application of Pre-Amendment and Post-Amendment Law - Analysis - Held, the amended Act does not have retrospective effect - For offences committed prior to the amendment, pre-amendment provisions apply - The Special Court rightly remitted the case to the Chief Judicial Magistrate, who took cognizance correctly as per applicable law. [Para 22]

Decision - Dismissal of Petition - High Court dismisses the petition, upholding the cognizance taken by the Magistrate post-amendment as valid - The proceedings are not vitiated by the amendment's provisions. [Paras 23-24]