Constitutional Law - Pension - Withholding of Pension - Departmental Inquiry - Judicial Review – The petitioner, a retired Excise and Taxation Officer, had his pension stopped following his conviction under the Prevention of Corruption Act. The court held that it is necessary to determine the misconduct by holding a departmental inquiry before stopping the pension of a retiree, as per the limits stipulated under the rules. The stoppage of pension without such an inquiry was found to be illegal. The petition was allowed, and respondents were directed to pay arrears of pension with interest. [Paras 1-17]​​

**Need for Departmental Inquiry - Held, the government must conduct a departmental inquiry to determine whether the circumstances leading to the conviction amount to "grave misconduct." Mere conviction and sentencing do not automatically justify stopping the pension. An inquiry ensures that the basic ingredients of grave misconduct are established before taking action. [Para 8]​​

**Application of Rules - Held, Rule 2.2(a) of the Punjab Civil Services Rules requires the determination of serious crime or grave misconduct through a departmental inquiry. Any action to stop or withhold pension without such inquiry is contrary to the rules. [Para 10]​​

Decision - Petition Allowed - The impugned order dated July 14, 2014, stopping the petitioner's pension, was set aside. The respondents were directed to make payment of arrears of pension from the date it was stopped, along with 9% interest per annum, within two months from the receipt of the judgment. The respondents were granted liberty to conduct a fresh inquiry if desired, with any action taken operating prospectively from the date of the order. [Para 17]​​

Constitutional Law - Lok Adalat - Jurisdiction and Powers - Judicial Review – The petitioners challenged the order of the Permanent Lok Adalat, which had decided the issue of tampering with an electricity meter and unauthorized use of electricity in favor of the consumer. The court held that Lok Adalats are not constituted for adjudicatory or judicial functions. Their primary role is to explore the possibility of conciliation. They are not equipped to handle technical matters such as theft or unauthorized use of electricity or tampering with meters. The impugned order was set aside, and the consumer was directed to file an appeal under Section 127 of the Electricity Act before the appropriate appellate authority. [Paras 1-5]​​

Role and Limitations of Lok Adalat - Held, Lok Adalats are meant to facilitate conciliation and cannot adjudicate technical issues that require expertise, such as tampering with electricity meters. These matters should be left to proper adjudication by the appellate authorities provided under the relevant statutes. [Para 3]​​

Consumer Rights and Remedies - Held, while setting aside the Lok Adalat's order, the court ensured that the consumer would still have a remedy by directing them to file an appeal under Section 127 of the Electricity Act. The appellate authority would hear the case on merits, and the consumer would not be exempt from any statutory requirements, including depositing the required amount while filing the appeal. [Para 4]​​

Decision - Impugned Order Set Aside - The court set aside the order passed by the Permanent Lok Adalat and directed the respondent to file an appeal before the appropriate appellate authority. The limitation for filing the appeal would not apply due to the consumer's continuous litigation before alternative forums. [Paras 4-5]​​

Land Acquisition - Determination of Market Value - Non-compliance with Statutory Requirements - Judicial Review – The petitioner challenged the award passed by the Land Acquisition Collector, which reduced the value of the acquired land significantly. The court held that the award did not comply with the statutory requirements of the 2013 Act, particularly Section 26, which mandates the determination of market value based on specific criteria and the application of a multiplication factor specified by the government. The court found that the necessary notification specifying the multiplication factor was not issued, and mere instructions were not sufficient compliance. The award was set aside. [Paras 1-13]​​

Compliance with Statutory Requirements - Held, the statutory requirement of issuing a notification specifying the multiplication factor as per Section 26(2) and the First Schedule of the 2013 Act was not fulfilled. Instructions issued by the government did not meet the legal requirement, and the Collector's award based on such instructions was invalid. [Paras 10-11]​​

Decision - Award Set Aside - The award dated 29.5.2015 passed by the Collector was set aside due to non-compliance with the statutory requirements. The necessary consequence of setting aside the award was ordered, and the writ petition was disposed of accordingly. [Paras 12-13]​​

Constitutional Law - Service Law - Promotion - Eligibility Criteria - Judicial Review – The petitioner, a Sewadar in the office of the Market Committee, was promoted to the post of Clerk subject to the condition of completing five years of service and passing the type test. The Secretary, Punjab Mandi Board, later canceled this promotion citing non-fulfillment of eligibility criteria at the time of promotion. The petitioner argued that he subsequently fulfilled the conditions and claimed the cancellation was against natural justice. The court dismissed the petition, holding that acquiring eligibility at a later date does not rectify the initial illegality. The principles of natural justice do not extend to giving a hearing if the action taken was in accordance with the statutory rules. Discrimination cannot be claimed to seek directions for perpetuating an illegality. [Paras 1-20]​​

Natural Justice - Extent and Limits - Held, principles of natural justice are not rites to be performed on all occasions. They must be applied reasonably and logically, not to illogical extremes. If a promotion is illegal due to non-fulfillment of eligibility criteria, a subsequent hearing does not validate the promotion. [Paras 13-14]​​

Discrimination - Invalid Plea - Held, a plea of discrimination cannot sustain when the petitioner was not legally eligible for the promotion. Even if other employees were promoted under similar circumstances, it does not create a right for the petitioner. Article 14 envisions a positive concept and does not endorse perpetuating illegality. [Paras 17]​​

Decision - Dismissal of Petition - The petition was dismissed as devoid of merit. The petitioner was found ineligible for promotion under the 1989 Rules at the time of promotion. The subsequent fulfillment of conditions did not cure the defect. However, the dismissal does not preclude the petitioner from asserting his right to be considered for future promotion upon acquiring eligibility. [Paras 18-20]​​

Constitutional Law - Religious Beliefs - Samadhi - Disposal of Body - Articles 25 and 26 of the Constitution of India - High Court's order mandating disposal of the body of Ashutosh Ji Maharaj by cremation quashed. The High Court held that in the absence of any law directing the disposal of the body, such a direction would violate the fundamental rights under Articles 25 and 26, which protect the religious beliefs and practices of the followers of Ashutosh Ji Maharaj, who believe he is in 'Samadhi'​​.

Locus Standi - Right to Perform Last Rites - Disputed Relationship - The court ruled that Dalip Kumar Jha had no locus standi to claim the body for performing last rites as he failed to establish his relationship with Ashutosh Ji Maharaj. The matter was left to be determined in appropriate civil proceedings​​.

Absence of Law - Preservation of Body - Public Health - In the absence of any specific law governing the disposal of the body, the court emphasized that any directive to dispose of the body against the followers' beliefs could only be considered if there were substantial public health concerns​​.

Mandate for Cremation Set Aside - The court set aside the Single Judge's order directing the cremation of the body and directed the State and the Sansthan to ensure the preservation of the body, maintaining that the body would not be cremated without cogent evidence of public health risk or decay​​.

Taxation Law - Imposition of Higher Tax Rate - Judicial Review - The petitioners challenged the demand for higher tax by the State of Punjab after an initial reduction in the tax rate per draw. The court held that the State can lawfully collect tax only at the rate notified under the Act, and any tax collected beyond the notified amount is without legislative authority and illegal. The demand for higher tax was set aside, and the excess tax collected was ordered to be refunded. [Paras 1-15]

Role of Assurance and Notification in Tax Levy - Held, the reduction in tax was not contingent upon the increase in the number of daily draws as there was no such condition in the notification. The State cannot collect tax over and above the amount specified in the notification based on internal assurances or commitments. [Paras 10-12]

Decision - Setting Aside of Excess Tax Demand - The demand for tax above Rs. 62,000 per draw for the period from January 23, 2016, to February 21, 2016, was set aside. The excess amount collected during this period was ordered to be refunded to the petitioners with interest. [Paras 14-15]

Tender Process - Qualification Criteria of Bidders - Judicial Review – Petitioners, non-CPWD contractors registered with the Union Territory of Chandigarh, sought eligibility to submit bids for an e-tender without being registered with the CPWD – Held, the court cannot alter, amend, or modify the eligibility criteria stipulated by the party inviting the tender – The entity inviting tenders is entitled to set its own eligibility conditions and cannot be compelled to accept registrations from a different organization or enterprise – Consequently, the petition was dismissed. [Paras 1-8]

Role of Courts in Tender Process – Held, courts cannot compel the party inviting tenders to accept registrations with an organization other than the one specified in the tender's eligibility criteria – The qualification criteria are determined by the inviting party based on their assessment of what is required for the performance of the work in question. [Paras 6-7]

Decision – Dismissal of Petition – The petition seeking alteration of the eligibility criteria from CPWD registration to Union Territory of Chandigarh registration was dismissed. [Para 8]

Seniority - Rules and Executive Instructions - Judicial Review – The case involved a seniority dispute among Lecturers appointed through different selection processes. The 2001 Rules and the 1994 Rules were silent on the determination of inter-se seniority between different batches. The court held that in the absence of specific rules, executive instructions dated 24.11.1962, which determine seniority based on the date of recommendations by the Punjab Public Service Commission, should be applied. The court emphasized that ministerial inaction or delay should not disadvantage candidates from earlier batches. [Paras 1-37]​​

**Executive Instructions of 1962 - Applicability - Held, the instructions dated 24.11.1962 are applicable for determining seniority when distinct posts are amalgamated into a common pool for promotion purposes. These instructions provide an equitable criterion that does not violate Articles 14 and 16 of the Constitution. [Paras 26-29]​​

Criteria for Determining Seniority - Held, seniority should be determined based on the date of recommendations by the Public Service Commission to avoid inequitable outcomes due to delays in ministerial processes. This method ensures fairness and consistency. [Paras 27-30]​​

Decision - Appeal Allowed - The appeal was allowed, and the order of the learned Single Judge was set aside. The revised seniority list dated 11.11.2010 issued by the State Government was upheld, and the competent authority was directed to take follow-up action within three months. [Paras 36-37]​​

Constitutional Law - Right to Education - Administrative Lapses - Judicial Review – The petitioner completed her first year of M.Sc. (Nursing) and immediately applied for the second year by paying the requisite fee. However, she discontinued her studies to join as a Staff Nurse in the Government of Punjab. In 2015, she applied to continue her second year but her application was rejected due to the maximum period allowed for the degree being four years. The court held that the university's delay in deciding the petitioner's application caused her to lose valuable time. Had the application been decided promptly, the petitioner would have completed her degree within the four-year period. The university was directed to allow the petitioner an extended period of one year to complete her degree. [Paras 1-5]​​

Administrative Delay - Impact on Students - Held, the university exhibited a casual approach in handling the petitioner's application, resulting in wasted time. There was no dispute regarding the petitioner's enrollment and fee payment for the second year. The delay in application processing by the university was unjustified. [Para 3]​​

Decision - Extension Granted - The court extended the period by one year for the petitioner to complete her M.Sc. Nursing degree. The university was directed to consider her application for continuation and allow her to complete the course, provided all other aspects were in order. [Para 4]​​