(1) LUCKNOW K. GRAMIN BANK (NOW ALLAHABAD U.P. GRAMIN BANK) AND ANOTHER …APPELLANT Vs. RAJENDRA SINGH …RESPONDENT(S) D.D 29/07/2013

Judicial Review – Disciplinary Proceedings – Respondents dismissed from service following disciplinary proceedings – High Court directed Appellate Authority to reconsider punishment and impose lesser penalty – Supreme Court held that judicial review of penalty is limited – Courts cannot prescribe specific penalties – Appropriate penalty to be decided by disciplinary/Appellate Authority...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6142 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 10025 OF 2012) WITH CIVIL APPEAL NOS. 6143 AND 6144 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO'S. 11211 AND 11451 OF 2012) Docid 2013 LEJ Civil SC 983436

(2) DEVENDRA KUMAR … Vs. STATE OF UTTARANCHAL AND OTHERS …RESPONDENT(S) D.D 29/07/2013

Employment – Suppression of Facts – Appellant terminated for not disclosing involvement in a criminal case – High Court upheld termination – Supreme Court affirmed, stating suppression of material facts amounts to moral turpitude – Clauses in affidavit to be read separately; non-disclosure of criminal case registration valid ground for termination [Paras 1-9, 24].Misrepresentation – Co...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1155 OF 2006 Docid 2013 LEJ Civil SC 190942

(3) RAKESH KUMAR SHARMA … Vs. GOVT. OF NCT OF DELHI AND OTHERS …RESPONDENT(S) D.D 29/07/2013

Employment – Eligibility Criteria – Appellant appointed as TGT (Sanskrit) but did not possess required B.Ed degree on the last date of application submission – High Court upheld termination – Supreme Court affirmed, emphasizing eligibility must be judged as on the last date for applications – Provisional appointments subject to verification of qualifications [Paras 1-9, 15].Misrepresenta...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6116 OF 2013 Docid 2013 LEJ Civil SC 940297

(4) STATE OF BIHAR AND OTHERS … Vs. ARBIND …RESPONDENT D.D 26/07/2013

Suspension and Subsistence Allowance – Employee suspended for alleged misappropriation of funds – Departmental proceedings initiated but subsistence allowance not paid – High Court set aside dismissal due to non-payment of subsistence allowance, directed fresh proceedings – Supreme Court upheld High Court’s decision, stressing payment of subsistence allowance during suspension as essenti...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6265 OF 2013 (ARISING OUT OF SLP (C) NO. 35698 OF 2011) Docid 2013 LEJ Civil SC 381789

(5) BARKU BHAVRAO BHASKAR …APPELLANT Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 25/07/2013

Criminal Law – Circumstantial Evidence – Appellant convicted for kidnapping, murder, and concealment of a child’s body based on circumstantial evidence – Supreme Court upheld conviction finding chain of circumstances complete and consistent with guilt – No reasonable hypothesis of innocence [Paras 6-18].Homicidal Death – Medical Evidence – Postmortem report confirmed death due to hea...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 910 OF 2010 Docid 2013 LEJ Crim SC 929061

(6) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. PANKAJ KUMAR VISHNOI …RESPONDENT D.D 25/07/2013

Compassionate Appointment – Eligibility Criteria – Respondent failed physical test for compassionate appointment as Sub-Inspector – High Court ordered fresh test – Supreme Court ruled second test not justified as compassionate appointments are to mitigate immediate hardship, not for securing specific posts – First physical test aligned with rules ensuring minimum standards of efficiency ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 2366-2367 OF 2011 Docid 2013 LEJ Civil SC 674894

(7) UNION OF INDIA (UOI) AND OTHERS …APPELLANT(S) Vs. RAJESH KUMAR GOND …RESPONDENT D.D 25/07/2013

Equal Pay for Equal Work – Junior Hindi Translators – Respondent sought parity with translators in the Central Secretariat Official Language Service (CSOLS) – Tribunal and High Court found no functional difference – Supreme Court upheld decision based on lack of evidence showing distinction in job functions – Cited principles from Randhir Singh case affirming equal pay for equal work as ...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) No. 17419 OF 2009 Docid 2013 LEJ Civil SC 152365

(8) KANTILAL MARTAJI PANDOR … Vs. STATE OF GUJARAT AND ANOTHER …RESPONDENT(S) D.D 25/07/2013

Criminal Law – Conviction under Section 498A IPC – Appellant convicted based on the deceased's letter alleging harassment – High Court acquitted the appellant of abetment of suicide but maintained conviction under Section 498A IPC – Supreme Court found no independent evidence supporting the allegations of cruelty – Deceased’s letter not sufficient proof under Section 32(1) of the ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1567 OF 2007 Docid 2013 LEJ Crim SC 895901

(9) ANUJ KUMAR GUPTA @ SETHI GUPTA …APPELLANT Vs. STATE OF BIHAR …RESPONDENT D.D 24/07/2013

Confessional Statement – Admissibility – Appellant challenged conviction based on confessional statement to police – Supreme Court reiterated that only admissible portion relating to recovery of deceased’s body is valid – Confession leading to discovery of fact within special knowledge of accused is admissible under Section 8 and 27 of the Evidence Act [Paras 10-15].Circumstantial Eviden...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1575 OF 2009 Docid 2013 LEJ Crim SC 269192