Criminal Law - Withdrawal of Prosecution – Criminal Appeal against the High Court's order denying withdrawal of prosecution under Section 321 CrPC – Appellant, a Sub-Inspector of Police, accused under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act – State Government had recommended withdrawal citing appellant's meritorious service – Supreme Court upholds lower courts' decisions, emphasizing the necessity for the Public Prosecutor to independently apply their mind and that such withdrawal should serve public interest – Appeal dismissed. [Paras 1-22]

Public Prosecutor's Role – Analysis – Held – Public Prosecutor must exercise independent discretion, consider relevant materials, and ensure withdrawal serves public interest – Application for withdrawal should reflect this independent assessment – In the instant case, the Public Prosecutor’s application was mechanically made based on government direction without independent evaluation – Courts found no ground to show withdrawal would serve justice or public interest. [Paras 11-18]

Decision – Dismissal of Appeal – Supreme Court dismisses the appeal, affirming that the withdrawal of prosecution was unjustified and mechanically filed without proper application of mind by the Public Prosecutor – The decision to withdraw must be independently taken by the Public Prosecutor and not merely on government direction – Upholds principles that prevent stifling the process of justice, especially in corruption cases. [Paras 19-22]

Constitutional Law - Service Law - Assured Career Progression Scheme (ACPS) - Scope and Interpretation - Civil appeals arising out of the Delhi High Court’s decision granting Grade-I DASS Officers financial upgradation to a higher pay scale. The respondents claimed financial upgradation to Rs. 10000-325-15200/- after 24 years of service. Supreme Court analyzed the ACPS provisions and clarified that financial upgradation should adhere to the existing hierarchy without creating new posts. Held that the financial benefits must align with the current promotional hierarchy and cannot exceed the next promotional grade. The High Court’s interpretation was deemed contrary to the principles of fairness and government policy under the ACPS. [Paras 1-17]

Assured Career Progression Scheme - Hierarchical Promotion - Financial upgradation under the ACPS does not equate to regular promotion. Supreme Court emphasizes the ACPS’s intent to provide financial benefits only within the existing hierarchy without altering the structure. The scheme is designed to address stagnation without creating functional posts. The tribunal's decision aligning financial upgradation with existing pay scales was upheld, negating the respondents' claim to a higher pay scale beyond their immediate next grade. [Paras 11-14]

Judicial Review - Policy Decisions - The Supreme Court asserts the limited scope of judicial review concerning policy decisions like ACPS. The decision to not alter the government’s policy by granting higher pay scales than those provided in the hierarchical structure is justified. Emphasizes fairness and constitutional obligations under Articles 14 and 16 of the Constitution. [Paras 15-16]

Decision - Appeal Allowed - The Supreme Court allows the appeal, setting aside the Delhi High Court’s judgment. The original tribunal’s decision denying higher financial upgradation was restored, maintaining the adherence to the established promotional hierarchy and government policy. [Para 17]

Veterinary Education - Recognition of Degrees - Veterinary Council of India (VCI) and Central Government's refusal to recognize degrees from Apollo College and Mahatma Gandhi College - Appeals by alumni and students - Rajasthan High Court's dismissal of writ petitions challenging the refusal - Supreme Court's examination of mandatory recognition requirements under the Veterinary Council of India Act, 1984 - Held, recognition by VCI and Central Government is mandatory for degrees to be valid for practice and registration. [Paras 1-50]

Recognition Process - Compliance and Deficiencies - Inspections by VCI - Initial NOCs and subsequent withdrawals - Provisional recognition and final refusal - Importance of meeting infrastructural and faculty standards - Supreme Court emphasizes the need for compliance with VCI norms and proper documentation to secure permanent recognition. [Paras 8-20, 36-42]

Judicial Intervention - Directives for Future Course - Supreme Court's directive to amend the First Schedule of the Indian Veterinary Council Act, 1984 to include Apollo College and Mahatma Gandhi College for degrees awarded up to specific dates - Instructions for fresh inspection and potential transfer of students to other recognized colleges if standards are not met. [Paras 44-50]

Decision - Appeals Allowed - Impugned judgments and orders of Rajasthan High Court set aside - Letters issued by VCI directing deletion of names of doctors from the register annulled - Recognition granted for degrees awarded up to specified dates - Directions issued for fresh inspections and compliance. [Paras 49-50]

Civil Law - Ownership and Transfer of Property - Appeal against High Court decision confirming trial court's decree: Plaintiff, an elderly lady, claimed that the suit property was her stridhan, inherited from her father. Her son, without her consent, misappropriated and sold the property to the appellant. The trial court's decree, declaring Plaintiff's title and invalidating the sale, was reinstated by the High Court. The Supreme Court dismissed the appeal, confirming Plaintiff's title and holding that her son had no authority to sell the property. [Paras 1-16]

Doctrine of Feeding the Estoppel by Grant - Analysis: The Court examined Section 43 of the Transfer of Property Act, clarifying that it does not apply when the transferor (son) never acquired interest in the property during his lifetime. Thus, the doctrine cannot validate the sale deed executed by the son. The High Court found no evidence of the Plaintiff's consent or knowledge regarding the sale. [Paras 13-15]

Decision - Appeal Dismissed: The Supreme Court dismissed the appeal, confirming the High Court's judgment that upheld the Plaintiff's title to the suit property. The Court ruled that the Plaintiff's grandchildren, who acquired the property after her death, did not retroactively validate the unauthorized sale by the son. The appellant's claims, including allegations of collusion and applicability of Section 43, were rejected. [Paras 16]

Criminal Law - Prevention of Corruption Act - Bribery - Conviction of Appellant - Criminal Appeal against High Court decision - High Court reversed trial court's acquittal and convicted appellant under Section 12 of the Prevention of Corruption Act, 1988 - Allegation that appellant attempted to bribe a public servant (Additional District Magistrate) for supply orders of double-decker beds - High Court found trial court's decision perverse and unsupported by evidence - Appellant directed to surrender and serve six-month sentence. [Paras 1-14]

Investigation and Prosecution - Validity of Investigation - Authorized Officer - High Court held that part of the investigation by non-authorized officer (ASI) did not vitiate the proceedings - Tribal area single line administration context considered - No serious prejudice caused to appellant by investigation method. [Paras 10-12]

Presumption under Section 20 of the Prevention of Corruption Act - Applicability - Presumption of illegal gratification rightly invoked by High Court based on evidence of offering bribe - Trial Court failed to consider gravity of the offence under the Act. [Para 11-12]

Decision - Appeal Dismissed - Supreme Court upheld High Court's conviction of appellant - Directed appellant to surrender for serving the sentence within one month. [Para 13-14]

Negotiable Instruments Act, 1881 - Section 138 – Dishonour of Cheque – Criminal Appeal against High Court's reversal of acquittal – Cheque for Rs. 5,00,000/- dishonoured due to stop payment instruction by Appellant – Respondent claimed cheque was for repayment of hand loan – Appellant claimed cheque was for a land purchase agreement which the Respondent failed to execute – Trial Court acquitted Appellant due to lack of corroborative evidence from Respondent – High Court reversed acquittal and convicted Appellant – Supreme Court finds no reliable evidence supporting Respondent’s claim of hand loan – Defence evidence supporting land transaction considered credible – Held, High Court's judgment set aside, Trial Court’s acquittal restored. [Paras 3-10]

Financial Credibility of Respondent – Analysis – Held – Respondent, working as a lorry driver under Appellant, claimed to have given hand loan of Rs. 1,75,000/- – No corroborative evidence or record of such loan – Respondent’s financial capacity to extend such loan found unconvincing – Appellant’s evidence of land transaction found more credible – Absence of material evidence from Respondent noted. [Paras 4, 9]

Decision – Acquittal Restored – Supreme Court allows appeal – High Court’s judgment set aside – Trial Court’s judgment acquitting Appellant restored – Appellant allowed to withdraw the amount deposited before Trial Court as per Supreme Court’s interim order. [Para 11]

Criminal Contempt – Scandalizing Court – Publication of Editorial – Criminal Contempt proceedings initiated against editor for publishing an editorial criticizing a sitting Supreme Court judge acting as a Commissioner under the Commissions of Inquiry Act – Whether such publication constitutes contempt. Held, the functions of a Commission under the Commissions of Inquiry Act are not judicial in nature and a sitting judge acting as a Commissioner does not carry the powers and jurisdiction of the Supreme Court. Therefore, the criticism did not amount to contempt. [Paras 1-35]

Judicial Functions – Nature of Inquiry – A Commission of Inquiry headed by a sitting Supreme Court judge is not a court within the meaning of the Contempt of Courts Act, even though the proceedings are judicial in character. The role of the Commission is to serve as a fact-finding body for the government, and its recommendations are not binding. Therefore, the publication did not interfere with the administration of justice. [Paras 17-34]

Truth as Defence in Contempt Proceedings – Applicability – Truth can be pleaded as a defence in contempt proceedings if it is in the public interest and the request for invoking the said defence is bona fide. [Paras 11-16]

Decision – Dismissal of Contempt Petitions – The contempt petitions filed by Subramanian Swamy and the suo motu petition were dismissed, and the contempt notices against the respondent were discharged. The court found that the editorial did not constitute contempt of court as the Commission of Inquiry headed by a Supreme Court judge did not have the status of a court under the Contempt of Courts Act. [Paras 35]

Constitutional Law - Right to Property - Compensation for Deprivation of Property - Article 300A of the Constitution of India - Urban Land (Ceiling and Regulation) Act, 1976 - Section 10(3): The Supreme Court upheld the appellants' right to compensation for the land occupied by Apollo Gleneagles Hospitals under a lease from the State. The Court directed Apollo Hospitals to compensate the appellants for the entire extent of land based on current market value and awarded interest and utilization charges for the period of possession by the hospital. [Paras 1-25]

Land Acquisition and Compensation - Determination of Market Value - Valuation of Land - Urban Land (Ceiling and Regulation) Act, 1976 - Lease Agreement - Utilization Charges and Interest: The Court determined the market value of the land at Rs. 24,04,188 per cottah, payable by Apollo Hospitals to the appellants. Additionally, the Court awarded utilization charges and interest, considering the deprivation of property rights and the hospital's usage of the land since 1991. The total compensation was rounded off to Rs. 4,20,00,000. [Para 13-23]

Procedural Directions - Compliance with Court Orders - Registration and Conveyance of Land - Costs: The Court provided detailed directions for the payment of compensation, execution of conveyance deeds, and the role of the State in issuing necessary certificates for the demarcation of the land. The Court also directed the hospital to bear all incidental expenses related to the conveyance. [Para 24-25]

Decision- Disposed Off. The appeals were resolved with the Supreme Court directing Apollo Hospitals to compensate the appellants Rs. 4,20,00,000, including market value, utilization charges, interest, and litigation costs. Detailed procedural directions were provided to ensure compliance.

Service Law - Payment of Salary - Compulsory Waiting Period - Appeal against High Court order directing payment of salary for the period 24.02.1986 to 16.07.1991 to a teacher who could not join duty due to non-availability of a post at the initially assigned school. Supreme Court held that the teacher (first respondent) did not make adequate efforts to seek a new posting or join duty at an alternative location. The period in question was deemed a voluntary waiting period, not covered by the 'no work, yet pay' exception. Consequently, the appeal was allowed, and the High Court's order was set aside. [Paras 2-10]

No Work, No Pay Rule - Analysis - The court underscored that the 'no work, no pay' principle is the norm, with exceptions being rare and requiring clear justification. The employee must demonstrate earnest efforts to join duty and an inability to do so due to no fault of their own. [Para 2]

First Appointment vs. Transfer - The case was clarified as one of first appointment rather than a transfer. The teacher's failure to take proactive steps to address the issue of non-availability of the post at the assigned school negated the claim for salary during the period in question. [Paras 8-9]

Decision - Appeal Allowed - The court set aside the High Court's judgment, rejecting the claim for salary for the period 24.02.1986 to 16.07.1991, and dismissed the writ petition filed by the first respondent. [Para 10]