SARFAESI Act – Jurisdiction of Civil Courts –

Supreme Court addresses whether civil courts have jurisdiction to entertain suits concerning matters where Debts Recovery Tribunal (DRT) or Appellate Tribunal have authority under the SARFAESI Act. Emphasizes the exclusivity of DRT jurisdiction over disputes involving measures taken by secured creditors under Section 13(4) of the SARFAESI Act [Paras 1-23].

Measures under Section 13(4) of SARFAESI Act –

Discussion on the measures available to secured creditors for enforcing security interests, including taking possession of secured assets and the legal recourse available to aggrieved persons through appeals to the DRT and Appellate Tribunal [Paras 14-17].

Bar of Jurisdiction – Section 34 of SARFAESI Act –

Clarifies the scope of Section 34, which bars civil court jurisdiction in matters covered under the SARFAESI Act, particularly those measures referred to in Section 13(4). Reinforces that any grievances related to such measures must be addressed through the DRT [Paras 18-23].

Decision:

Appeal allowed – High Court judgment set aside. Civil courts do not have jurisdiction to entertain suits regarding matters within the purview of the DRT under the SARFAESI Act. Aggrieved parties must seek remedy through the DRT or the Appellate Tribunal as specified by the SARFAESI Act [Para 23].

Income Tax – Penalty for Concealment of Income –

Supreme Court evaluates the circumstances under which the appellant surrendered additional income during assessment proceedings and whether such surrender, accompanied by claims of voluntary disclosure and seeking to avoid litigation, exempts the appellant from penalty under Section 271(1)(c) [Paras 2-11].

Explanation to Section 271(1)(c) – Burden of Proof –

Court examines Explanation 1 to Section 271(1)(c), which raises a presumption of concealment. The burden shifts to the assessee to provide a cogent and reliable explanation for the discrepancy between reported and assessed income. The appellant’s explanation must be bona fide and fully disclosed to avoid penalty [Paras 6-8].

Voluntary Disclosure – Penalty Proceedings –

Clarification that voluntary disclosure of concealed income does not protect the assessee from penalty under the Income Tax Act. The appellant’s surrender was not considered voluntary due to prior detection by the Assessing Officer (AO) during survey proceedings [Paras 8-9].

Decision:

Appeal dismissed – Supreme Court agrees with the High Court and the Revenue that the appellant’s surrender was not voluntary and that the penalty under Section 271(1)(c) was correctly imposed. The statutory duty to disclose true income was not fulfilled by the appellant, justifying the penalty [Paras 9-11].

Service Law – Work Charge vs Regular Service –

Supreme Court addresses whether service rendered on a work charge basis can be counted as regular service for the purpose of benefits under the Haryana Civil Services (Assured Career Progression) Rules, 1998. The Court examines the definition and conditions of work charge service vis-a-vis regular service, as well as the legislative intent behind the ACP Rules [Paras 1-18].

Haryana Civil Services (ACP) Rules 1998 – Regular Satisfactory Service –

Detailed analysis of the term "regular satisfactory service" under Rule 5 of the ACP Rules. The Court explains that the rules emphasize regular recruitment and service, which is distinct from work charge service that is temporary and not subject to the same selection and appointment procedures [Paras 11-18].

Precedent and Judicial Interpretation –

Discussion on previous judgments and their applicability. The Court distinguishes between work charge service and regular service, highlighting the importance of recruitment through prescribed procedures for regular service under the ACP Rules. Previous judgments like State of Haryana v. Ravinder Kumar are considered, but the Court notes their limited applicability to the current context [Paras 15-17].

Decision:

Appeals allowed – The Supreme Court sets aside the High Court's orders and rules that work charge service cannot be treated as regular service for the purpose of benefits under the ACP Rules. The respondents' writ petitions are dismissed [Para 19].

Partnership Law – Continuation of Suit by Surviving Partner –

Supreme Court examines whether a surviving partner can continue a suit filed by a partnership firm after the death of the other partner when the partnership consisted of only two partners. The Court also considers the appropriateness of amending the plaint to reflect the transition from a partnership to a proprietary concern [Paras 9-10].

Order 30 Rule 4 CPC – Legal Heirs and Continuation of Suit –

Court analyzes the provisions of Order 30 Rule 4 of the CPC, which deals with the rights of partners in the event of the death of a partner. The Court discusses the applicability of this rule in situations where the partnership is reduced to a single surviving partner, and the implications for the continuation of the suit [Paras 6-10].

Amendment of Plaint – Change in Nature of Suit –

The Court addresses the concerns about whether allowing the surviving partner to amend the plaint to reflect the firm's transition to a proprietary concern alters the nature and character of the suit, ultimately deciding that it does not, given the specific circumstances of the case [Paras 9-10].

Decision:

Appeal allowed – Supreme Court sets aside the High Court's order and allows the surviving partner to continue the suit by amending the plaint to reflect the firm's new status as a proprietary concern. The Court emphasizes the need for effective adjudication of the real dispute and concludes that the amendment does not alter the nature and character of the suit [Para 10].

Prevention of Corruption Act – Definition of Public Servant –

Supreme Court examines whether a Municipal Councillor is a public servant under the Prevention of Corruption Act, 1988. The court explores the statutory definitions and legal fictions provided in the Rajasthan Municipalities Act, 1959, and the Prevention of Corruption Act, 1988, to determine the applicability of anti-corruption laws to the appellant [Paras 8-22].

Section 87 of Rajasthan Municipalities Act – Legal Fiction –

Court considers the provision that deems members of the Municipal Board to be public servants under Section 21 of the IPC, thereby extending the definition of 'public servant' to include Municipal Councillors for the purposes of the Prevention of Corruption Act, 1988 [Paras 14-16].

Provisions of Prevention of Corruption Act, 1988 –

Analysis of Section 2(c) of the Prevention of Corruption Act, 1988, which defines 'public servant' to include various categories of individuals, including those holding an office by virtue of which they perform public duties [Paras 18-19].

Distinction from Prior Judgments –

The Court distinguishes this case from previous judgments where the definition of 'public servant' under Section 21 of the IPC was considered, noting that the Prevention of Corruption Act, 1988, contains a broader and more inclusive definition [Paras 20-22].

Decision:

Appeal dismissed – Appellant deemed a public servant under Section 87 of the Rajasthan Municipalities Act, 1959, and Section 2(c) of the Prevention of Corruption Act, 1988. Prosecution under anti-corruption laws upheld. Trial court directed to expedite the trial and conclude it within six months [Paras 23-24].

Gratuity – Withholding Due to Disciplinary Proceedings –

Supreme Court examines whether an employer can withhold gratuity from a retired employee under pending disciplinary proceedings as per non-statutory rules (CDA Rules), vis-a-vis the statutory provisions of the Payment of Gratuity Act, 1972 [Paras 7-25].

Legal Fiction under CDA Rules –

Discussion on Rule 34.2 and 34.3 of the CDA Rules that allows the continuation of disciplinary proceedings and withholding of gratuity post-retirement, and their conformity with the Payment of Gratuity Act, 1972 [Paras 15-16].

Statutory Rights under the Payment of Gratuity Act –

Analysis of Sections 4 and 7 of the Payment of Gratuity Act, 1972, which provide statutory rights to employees for gratuity upon retirement, and whether these rights can be overridden by non-statutory rules [Paras 18-19].

Relevant Case Law –

Consideration of previous judgments, particularly Jaswant Singh Gill v. Bharat Coking Coal Ltd. and State Bank of India v. Ram Lal Bhaskar, to determine the scope of penalties and withholding of gratuity after retirement under continuing disciplinary proceedings [Paras 20-25].

Decision:

Issue referred to a larger Bench – Supreme Court acknowledges the need for a larger Bench to authoritatively decide whether penalties, including dismissal, can be imposed after retirement under non-statutory rules when departmental proceedings are pending, and the implications for withholding gratuity [Para 26].

Criminal Procedure – Filing of Charge Sheet –

Supreme Court evaluates the statutory authority of police officers superior in rank to an officer-in-charge of a police station to submit charge sheets under Section 173(2) of the CrPC, especially when the investigation is transferred to the CID [Paras 10-16].

Superior Officers' Powers under CrPC –

Court clarifies the scope of Section 36 of the CrPC, which allows superior officers of police to exercise the same powers as the officer-in-charge of a police station, including the submission of charge sheets [Paras 11-12].

Bihar Police Manual – Rule 431 –

Discussion on Rule 431(b) of the Bihar Police Manual, which provides that Inspectors and superior officers of the CID possess the same powers as an officer-in-charge of a police station, including conducting investigations and submitting reports under Section 173 of the CrPC [Paras 12-13].

Distinguishing from Previous Judgments –

Clarification of the applicability of the Supreme Court's previous ruling in M.C. Mehta v. Union of India regarding the formation of opinion under Section 173(2) of the CrPC. The Court distinguishes the present case from M.C. Mehta based on the specific context of the CID's role and Rule 431(b) [Paras 14-15].

Decision:

Appeal allowed – Supreme Court sets aside the High Court's observations that only an officer-in-charge of a police station can file a charge sheet under Section 173(2) of the CrPC. It holds that an Inspector of the CID, being superior in rank, is authorized to submit the charge sheet [Para 16].

Motor Vehicles Act – No-Fault Liability under Section 163A –

Supreme Court examines whether claims under Section 163A of the Motor Vehicles Act, 1988, are governed by the fault or no-fault liability principle. The case scrutinizes conflicting judgments and the legislative intent behind Section 163A, emphasizing the purpose of providing a simplified, fault-free compensation mechanism [Paras 3-8].

Requirement for Section 170 Permission –

The Court considers the requirement of permission under Section 170 of the Motor Vehicles Act for insurers to contest claims on grounds not available to the insured. The issue arises from conflicting judgments and the High Court's reliance on the principle laid down in Nicolletta Rohtagi [Paras 2, 8-9].

Conflicting Judgments and Referral to Larger Bench –

Recognition of conflicting judgments between Sinitha and Shila Datta on the interpretation of Section 163A. The Court notes the need for a larger Bench to resolve these conflicts and provide a definitive interpretation [Paras 5-9].

Decision:

Matter referred to a larger Bench – Supreme Court directs that the matter be placed before the Chief Justice of India to constitute a larger Bench for a correct interpretation of the scope of Section 163A of the Motor Vehicles Act, 1988, and related issues concerning Sections 140 and 170 [Para 9].

Service Law – Review of Departmental Proceedings –

Supreme Court examines whether the reinitiation of departmental proceedings against the respondent, which were initially dropped, was valid under the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962. The focus is on the review powers of the Governor under Rule 31 and the appellate authority under Rule 32 [Paras 6-10].

Governor's Power to Review – Reasonable Period –

Court discusses Rule 31, which grants the Governor the power to review orders without a prescribed limitation period, and determines whether the review conducted after five years was within a reasonable period. The Court notes that even if no specific limitation is provided, a review should be conducted within a reasonable time [Paras 14-17].

Limitation Under Rule 32 – Six Months –

The Court reiterates the six-month limitation period for reviews conducted by the appellate authority under Rule 32. The review of the initial order after five years violated this provision, rendering the reinitiation of proceedings invalid [Paras 15-17].

Decision:

Appeal dismissed – The Supreme Court holds that the review of the order dated 16th October 1995, conducted on 4th September 2000, was invalid as it exceeded the reasonable period for review under Rule 31 and violated the six-month limitation under Rule 32. The Court directs that no further action be taken against the respondent, who has reached the age of superannuation. The respondent is entitled to pension based on the last pay drawn, but no back wages for the period not worked [Paras 17-19].