Government Contract – Petroleum Dealership – Cancellation of Allotment – Authority empowered to appoint is the competent authority to decide on discarding the panel and fresh selection – Multiple rounds of interviews and complaints led to findings of irregularities – Fresh selection preferable over rearranging a vitiated panel​​.

Selection Process – Inquiry and Complaints – Investigation revealed errors in the evaluation of financial capability and non-compliance with required documents – Fresh selection recommended by the competent authority based on investigation findings​​.

High Court Interference – Article 226 – High Court should not interfere with the decision of the competent authority to cancel the selection when irregularities are detected – Fresh selection process upheld​​.

Decision: Appeal allowed – Order of the Bombay High Court set aside – Competent Authority given liberty to re-advertise and make a fresh selection in accordance with law.

Retiral Benefits – Withholding due to Criminal Proceedings – Appellant retired from Punjab National Bank (PNB) and his gratuity, leave encashment, and pension commutation were withheld due to pending criminal proceedings – Acquitted of charges and sought interest on delayed payment of benefits​​.

Payment of Gratuity Act – Section 7(3A) – Interest on Delayed Payment – Employer required to pay gratuity within 30 days from the date it becomes payable – If delayed, interest at the rate notified by the Central Government – Proviso allows withholding interest if delay due to employee’s fault and with controlling authority’s approval – Appellant not at fault due to acquittal, entitled to interest on delayed gratuity​​.

Regulation 46 of PNB Pension Regulations – Withholding Gratuity – Gratuity can be withheld during pending judicial proceedings – Provision does not negate entitlement to interest for delayed payment if employee not at fault – Entitlement under Gratuity Act overrides provisions under Regulation 46​​.

Decision: Appeal allowed – Appellant entitled to interest on delayed payment of gratuity at the rate notified by the Central Government or 8% if no rate notified – PNB directed to pay interest and costs to the appellant​​.

Murder – Dying Declaration – Conviction – Appellant accused of murdering his wife by setting her on fire – Dying declaration made by the deceased implicated the appellant – Declaration recorded by Naib Tahsildar after certification of fitness by doctor – Appellant argued discrepancies in evidence and lack of kerosene smell should invalidate conviction – Court held dying declaration met all legal requirements and was credible​​.

Dying Declaration – Credibility and Reliability – Court upheld dying declaration as it fulfilled prescribed conditions – No substantial discrepancies between dying declaration and FIR – Lack of kerosene smell on bed sheet, quilt, and pillow not sufficient to discredit prosecution’s case​​.

Sentence – Reduction from Section 302 to 304 – Court rejected argument for reducing conviction to Section 304 Part II IPC despite appellant's attempt to extinguish fire – Evidence showed appellant's culpability for murder​​.

Decision: Appeal dismissed – Conviction and sentence under Section 302 IPC upheld – State directed to consider appellant’s release as per Jail Manual if applicable​​.

Quashing of FIR – Delay in Lodging FIR – FIR filed after an extraordinary delay of six years raises serious doubts about the allegations' veracity – Allegations against appellants (in-laws) were general and vague – Court found continuation of proceedings against appellants 1, 2, and 3 to be an abuse of process of law – FIR quashed insofar as it relates to in-laws – Proceedings to continue against appellant-husband​​.

Jurisdiction – Part Cause of Action – High Court’s view that part cause of action occurred within its jurisdiction was upheld – FIR cannot be quashed on jurisdictional grounds​​.

Decision: Appeal allowed – FIR quashed insofar as it relates to appellants 1, 2, and 3 – Proceedings against appellant-husband to continue as per law without influence from the court’s observations on in-laws’ allegations​​.

Service Law – Probation and Termination – Appellant, a Judicial Member of CESTAT, discharged without confirmation after three years – Discharge order based on complaints from Bar members – High Court quashed discharge order for non-compliance with notice requirement under Rule 9(2) – Supreme Court held discharge order stigmatic and punitive, requiring formal inquiry under Article 311(2)​​.

Probation and Confirmation – Rules Interpretation – Rule 8 provides for probation extension up to three years – Rule 9(2) requires one month’s notice for termination if not confirmed after three years – Discharge without notice held arbitrary and colorable exercise of power​​.

Service Reinstatement – Appellant entitled to reinstatement with full back wages due to arbitrary discharge – Supreme Court directed Union of India to release all consequential benefits within two months​​.

Decision: Appeal by Union of India dismissed – Appeal by Pradip Kumar allowed – Order of discharge set aside – Appellant reinstated with full back wages and consequential benefits​​.

Death Penalty – Rarest of Rare – Appellant convicted of murder, attempted murder, rape, robbery, and assault – Incident involved brutal murder of an elderly woman and rape of a pregnant woman – High Court confirmed death penalty considering brutality and disregard for life – Supreme Court considered mitigating factors such as appellant’s young age, influence of alcohol, and lack of premeditation – Death sentence commuted to life imprisonment​​.

Doctrine of Rehabilitation – Mental State – Appellant’s intoxicated state indicated lack of control over actions – Possibility of reform and rehabilitation considered – Emphasis on judicial discretion and individual case circumstances for determining appropriateness of death penalty​​.

Decision: Appeal partly allowed – Death sentence commuted to life imprisonment – Sentences to run consecutively – Emphasis on the appellant's potential for rehabilitation and lack of similar criminal history​​.

Murder vs. Culpable Homicide – Sudden and Grave Provocation – Appellant accused of killing his brother with a tobru (small axe) – Incident arose from a quarrel where the deceased, under the influence of alcohol, abused and assaulted their father – High Court upheld conviction under Section 302 IPC – Supreme Court re-evaluated the circumstances, emphasizing the sudden and grave provocation faced by the appellant​​.

Intention to Kill – Provocation – Examination of whether the appellant intended to kill the deceased or acted under provocation – The court found no premeditation or intent to kill – The act was a reaction to the immediate provocation​​.

Decision: Appeal partly allowed – Conviction under Section 302 IPC set aside – Appellant found guilty under Section 304 Part I IPC – Sentence of 10 years rigorous imprisonment and a fine of Rs. 5000/- imposed​​.

Service Law – Pension – Commutation of Pension – State Government prescribed a new table for the calculation of commutation of pension effective from 31st July 2003 – Respondents, who retired between 31st July 2003 and 30th October 2006, challenged the circular on grounds of discrimination – High Court quashed the circular, restoring the pension in accordance with the revised table issued on 31st October 2006​​.

Classification and Rational Basis – High Court found no rational basis for distinguishing between employees who retired during the specific period and others – Circular dated 29th July 2003 lacked justifiable grounds for adverse classification​​.

Financial Constraints – State Government argued financial constraints and higher rate of interest necessitated the new table – Supreme Court acknowledged financial constraints but emphasized the need for rational and justifiable basis for differential treatment​​.

Remand for Fresh Decision – Supreme Court set aside the High Court judgment and remitted the matter for fresh consideration – Directed High Court to consider additional affidavits and arguments presented​​.

Decision: Appeals partly allowed – Matter remitted to High Court for fresh decision – High Court directed to consider all arguments, affidavits, and contentions raised by the parties​​.

Kidnapping and Rape – Medical and Ocular Evidence – Appellant accused of luring a minor girl and committing rape – Conviction challenged on grounds of conflict between medical and ocular evidence – Supreme Court held no material contradiction existed – Absence of physical injuries on the victim did not negate the act of rape or the appellant’s culpability – Presence of semen on victim’s and accused’s clothes corroborated the prosecution’s case​​.

Appreciation of Evidence – Testimony of Prosecutrix – Court emphasized the reliability of the prosecutrix’s testimony – Statement corroborated by independent witnesses (PW1 and PW3) – Absence of injuries explained by victim’s lack of resistance due to fear and threat from the accused​​.

Penetration and Rape – Legal Interpretation – Court reiterated that even slight penetration constitutes rape under Section 375 IPC – Hymen’s intactness not conclusive against rape – Tenderness in private parts indicated an attempt to rape​​.

High Court’s Interference with Acquittal – Appellate Review – High Court justified in overturning the Trial Court’s acquittal due to improper appreciation of evidence and failure to consider cumulative effect of evidence – Judgment of acquittal not sustainable​​.

Decision: Appeal dismissed – Conviction and sentence under Sections 363 and 376(2)(f) IPC upheld – High Court’s judgment affirmed​​.