Service Law – Notional Promotion – Claim to Ante-dated Promotion – Promotion must be from date of actual appointment and not from date of vacancy – Appellant promoted as General Manager on 29.11.1996 – Claimed notional promotion w.e.f. 13.3.1996 with consequential benefits and seniority over private respondents – Tribunal rejected claim – High Court granted notional promotion with benefits but denied seniority – Supreme Court reversed High Court – Held: Promotion becomes effective only from date of actual promotion – Date of vacancy or empanelment irrelevant – Appeal by employee dismissed – Appeal by Union of India allowed [Paras 3–7, 10–11].

Judicial Precedents – Distinction from Earlier Ruling – Reliance on Union of India v. B.S. Agarwal rejected – Appellant relied on Union of India v. B.S. Agarwal to claim notional promotion – Court held decision in Agarwal case was based on special facts and humanitarian grounds – Cannot be treated as precedent – Rules requiring two years’ tenure in lower post before promotion must be strictly followed – No deviation allowed [Paras 8–9].

Seniority – Consequential Seniority Denied – Claim for seniority over private respondents rejected – High Court rightly denied relief of seniority – Promotion cannot be ante-dated to disturb existing seniority without statutory backing – No entitlement to claim seniority from notional date [Para 5].

Decision: Civil Appeal No. 8058 of 2001 (by employee) dismissed – Civil Appeal No. 8059 of 2001 (by Union of India) allowed – High Court judgment set aside – No order as to costs.

Essential Commodities Act – Sugar Price Fixation – Clause 5A Liability and SAP – Must be considered in levy sugar pricing – Central Government fixed levy sugar price for sugar years 1983–84 and 1984–85 without accounting for additional cane price under Clause 5A of Sugarcane (Control) Order, 1966 and State Advised Price (SAP) under UP Act – Held: Clause 5A imposes statutory liability and must be treated as cost under Section 3(3C)(b) – SAP payable under State law also falls within purview of Section 3(3C)(b) or (d) – Ignoring these components vitiates price fixation process [Paras 1–15, 50–56, 60–64].

Judicial Review – Legislative Price Fixation – Scope – Although price fixation is a legislative function, it is subject to limited judicial review – Courts may intervene where statutory factors under Section 3(3C) are ignored or misapplied – Rule of purposive construction and executive estoppel applied to ensure consistency with legislative object and prior judicial pronouncements [Paras 45–49, 62, 64–65].

Precedents – Malaprabha-I Binding – Modi Industries Decision Limited to Sugar Year 1982–83 – Supreme Court affirms correctness of Malaprabha-I (1997) and Malaprabha-II, directing price refixation considering Clause 5A liability – Holds that Modi Industries and subsequent decisions limited to sugar year 1982–83 where Clause 5A not applicable – Reliance on Modi by Union of India in later years is misconceived [Paras 21–31, 58–60].

Constitutional Law – Article 254 – No Repugnancy Between State SAP and Central SMP – Fixation of higher sugarcane price by State Government under Section 16 of UP Act not repugnant to Central legislation – SAP can coexist with Statutory Minimum Price (SMP) fixed by Central Government – Constitution Bench in UP Coop. Cane Unions Federation held SAP is within State’s competence [Paras 37, 62–63].

Conclusion – Delhi High Court’s View in Mahalakshmi Overruled – Price to be Re-fixed – Supreme Court overrules Delhi High Court’s judgment in Mahalakshmi Sugar Mills for not applying Malaprabha-I and II correctly – Affirms High Court judgment in Hari Nagar Sugar Mills as correct in law – Directs Union of India to re-fix levy sugar price for appellants, taking into account Clause 5A liability and SAP – Relief confined to parties before court [Paras 72–73].

Decision: Appeals by Mahalakshmi Sugar Mills Co. Ltd. and others allowed – Appeals by Union of India dismissed – Union of India directed to re-fix levy sugar price considering Clause 5A and SAP – No order as to costs.

Freedom Fighters’ Pension – Date of Commencement – Benefit of Doubt – Respondent applied for pension in 1981 under the Freedom Fighters’ Pension Scheme – Application was rejected in 1993 but later allowed by the High Court – Pension was granted from 4.8.1993 (date of High Court order) – Respondent claimed pension from 28.7.1981 (date of application) – Held: Where pension is granted on benefit of doubt or on the basis of secondary evidence, pension is payable from the date of the order and not from the date of application – Precedent in Kaushalaya Devi followed – Mukund Lal Bhandari distinguished [Paras 3–8]

Constitutional Law – Article 14 – Article 16 – Delay in State verification – Central Government justified in granting pension from date of order where delay was due to lack of cooperation by State authorities in verification – Held: In absence of clear entitlement at the time of application, retrospective grant not warranted [Paras 4–6]

Decision: Appeal allowed – Judgment of High Court set aside – Respondent entitled to pension only from 4 August 1993 – No order as to costs [Paras 8–9]

Service Law – Departmental Proceedings – Smuggling Allegation – Delay in Initiation – Respondent, an Intelligence Bureau officer, was dismissed from service on grounds of unauthorized border visit and alleged complicity in smuggling activities – Customs proceedings dropped charges and criminal court acquitted him of conspiracy and other offences – Department initiated disciplinary action nine years later without fresh evidence – Held: Such delayed proceedings based solely on uncorroborated conclusions of disciplinary authorities, without any independent evidence, are arbitrary and mala fide [Paras 5, 15, 17, 22, 24].

Natural Justice – Procedural Irregularities – Bias – Respondent denied opportunity to examine key defence witness Jumma – Defence assistant’s absence not properly addressed – Inquiry Officer improperly cross-examined the respondent and acted as prosecutor – Held: Proceedings were vitiated by procedural impropriety and bias – Violation of principles of natural justice rendered inquiry report perverse and unsustainable [Paras 7, 19, 20].

Criminal Law – Acquittal – Relevance in Departmental Proceedings – Acquittal not merely based on benefit of doubt but on clear findings of lack of evidence and official authority for respondent's actions – Held: Where departmental charges are identical to those in criminal proceedings and the latter end in exoneration after full trial, disciplinary authority cannot differ without cogent material or fresh evidence – Department failed to justify deviation [Paras 4, 15, 21, 26, 27].

Disciplinary Law – Burden of Proof – Quasi-Judicial Duty of Inquiry Officer – Findings must be based on preponderance of probabilities supported by material on record – Held: Inquiry Officer failed to consider relevant testimony of Mool Singh and ignored earlier exonerations by competent authorities – Disciplinary and appellate authorities acted on suspicion and conjecture without any new evidence – Action was arbitrary and legally unsustainable [Paras 20, 24, 30].

Decision: Appeal dismissed – Order of reinstatement by Central Administrative Tribunal upheld – Respondent to be reinstated with full consequential benefits – ₹1,00,000 costs awarded to the respondent [Paras 31–32].

Civil Procedure Code – Order 6 Rule 17 – Amendment of pleadings – Defendant sought amendment of written statement in 2004 to introduce agreement of 1982, nearly 18 years after suit filed and at stage when trial had concluded – Trial Court allowed application – High Court reversed – Held: “Due diligence” under proviso requires prompt and reasonable steps; delay of 18 years unexplained – Amendment rightly rejected [Paras 7-12].

Civil Procedure Code – “Due Diligence” – Meaning – Explained as diligence reasonably expected from a prudent litigant; doing everything reasonable, not everything possible – Defendant’s explanation (son handling litigation till his death in 1998) not acceptable – No reference to alleged agreement in earlier pleadings or evidence – Conduct inconsistent with bona fide plea [Paras 10-12].

Civil Procedure Code – Delay and prejudice – Application filed after close of evidence and arguments – Allowing amendment at such stage would seriously prejudice plaintiff’s claim and protract litigation already pending for 21 years – High Court’s interference justified [Paras 11-12].

Principle – Amendment of pleadings to be liberally granted to avoid multiplicity of proceedings, but subject to rider under proviso to Order 6 Rule 17 – Post-2002 amendment, amendment after commencement of trial permissible only if party shows it could not have been raised despite due diligence – Test not satisfied in present case [Paras 7-9].

Decision: Appeal dismissed – High Court order upheld – Amendment application rejected – Trial Court to dispose of underlying suit uninfluenced by observations within three months [Paras 12-13].

Criminal Law – Inherent Powers of High Court – Scope of Section 482 CrPC – High Court directed investigation by Special Investigation Team (SIT) into alleged offences involving Divine Retreat Centre based on anonymous complaint and unverified allegations – Held: Inherent powers under Section 482 do not authorize High Court to interfere with statutory police investigation or to direct investigation by an agency of its own choice in absence of prima facie material – Such power to be used sparingly and not to supplant procedure established under CrPC – Jurisdiction under Section 482 cannot be invoked for initiating roving inquiries or investigations based on anonymous letters [Paras 2, 20-29, 33, 39-42]

Public Interest Litigation – Anonymous Complaints – Entertaining Anonymous Petitions as PIL – High Court entertained unsigned, anonymous complaint addressed to individual judge and issued sweeping investigative directions – Held: Courts should not entertain anonymous petitions as PILs – Judicial orders must not be based on vague, unverified allegations – Communications addressed to individual judges violate principles of judicial institutionality and judicial discipline – Anonymous letters must not be entertained unless identity, motive and authenticity are verified [Paras 43-48, 57-66, 68-71]

Investigation – Role of Judiciary – Separation of Powers – High Court cannot direct change of investigating officer or dictate manner of investigation unless there is clear abuse of power or mala fide exercise – Investigation is executive function; judiciary cannot encroach on investigative domain except in rarest of rare cases under Article 226, and only upon clear prima facie material – No such material existed here to justify judicial intervention [Paras 22, 25, 34-41]

Natural Justice – Direction to Investigate without Hearing Affected Party – High Court directed investigation against appellant institution without providing any opportunity of hearing – Held: Violates principles of natural justice – No judicial order setting criminal law in motion can be passed without hearing party likely to be affected [Paras 51-54]

Judicial Procedure – Roster Management and Bench Assignment – Judge not authorized to initiate proceedings on judicial side based on letter addressed to him personally – High Court functions as an institution – Communications invoking judicial power must be addressed to the Chief Justice and acted upon institutionally – Individual judges cannot assign themselves PIL jurisdiction in derogation of roster rules [Paras 67-69]

Decision: Appeal allowed – High Court’s directions constituting SIT and ordering investigation set aside – Investigation in Crime No. 381 of 2005 to continue under Circle Inspector, Chalakudy – SIT to transfer case materials to investigating officer within two weeks – Investigating officer to file final report within four weeks – No opinion expressed on merits [Paras 73-77]

Anticipatory Bail – Premature Application – Customs Act, 1962, Section 108 – CrPC, Section 438 – Anticipatory Bail Rejected - Respondents summoned by Customs authorities under Section 108 to give statements – High Court held bail applications premature but directed that in case of non-bailable offence, respondents shall not be arrested without ten days’ notice – Held: Such directions are blanket anticipatory bail orders, impermissible in law, and obstruct statutory powers of Customs officers [Paras 9, 16, 63-65].

Power of Arrest – Customs Officer’s Authority – Customs Act, 1962, Section 104 – Validated - Customs officer has statutory power to arrest on ‘reason to believe’ that offences under Sections 132, 133, 135, 135A, 136 have been committed – Such power subject to safeguards: informing grounds of arrest, producing before Magistrate without delay – High Court cannot curtail this power by imposing conditions not envisaged in statute [Paras 21-25, 51-53].

Blanket Anticipatory Bail – Impermissibility – CrPC, Section 438 – Principle Reaffirmed - Anticipatory bail is not a passport to commit crimes or a shield against all accusations – Courts cannot issue vague or general orders protecting accused from arrest for any future offences – Blanket orders contrary to law as laid down in Gurbaksh Singh Sibbia and later reaffirmed in Adri Dharan Das [Paras 34-49].

Statements under Customs Act – Evidentiary Value – Section 108 – Clarified - Persons summoned under Section 108 not accused at that stage – Obliged to speak truth – Statements recorded admissible and distinct from police investigation statements – Summons procedure not subject to magisterial intervention [Paras 54-59].

Decision – Appeal Partly Allowed – High Court’s order to Customs Authorities restraining arrest without ten days’ prior notice quashed – Respondents bound to appear before Customs Authorities in response to summons – Customs authorities free to proceed in accordance with law [Para 65].

Service Law – Educational Qualification – Validity of Appointment – Appellant appointed as Assistant Teacher in 1988 on basis of B.Ed. degree from Maithili Vishwa Vidyapeeth, not recognized under UGC Act – Institution later directed appellant to acquire valid B.Ed. from recognized university, which he did after appointment – Held: Essential qualification must be possessed at the time of appointment – Appointment made without such qualification is void and cannot be regularized post facto [Paras 3–7, 15–17, 26–27]

Statutory Recruitment – U.P. Secondary Education Services Commission Act – Section 16 and related rules mandate appointment only through Board and upon fulfilment of prescribed qualifications – Rule 3 of 1993 Rules requires recognized degree – Appellant’s appointment in contravention of rules held void ab initio – No estoppel or equity can override statutory mandate [Paras 1–2, 15–17]

Departmental Proceedings – Allegation of Malice – Appellant alleged termination motivated by mala fides following contempt proceedings – Held: Even if timing suspect, illegality in appointment renders service untenable – Absence of qualification extinguishes legal right to post – No fault in initiation of departmental action [Paras 10, 22]

Post-facto Qualification – Subsequent acquisition of valid B.Ed. degree does not validate original illegal appointment – Degree obtained after appointment irrelevant to determine eligibility unless rules expressly permit relaxation – No such relaxation shown in present case [Paras 7, 20, 27]

Jurisdiction under Article 226 – Judicial Discretion – High Court rightly refused to grant relief under writ jurisdiction as appointment lacked legal foundation – Writ of mandamus cannot issue to protect illegal appointment – Legal right and corresponding duty must coexist [Paras 10–11, 22]

Regulatory Oversight – Responsibility of Authorities – Court expressed concern over authorities appointing candidates without verifying validity of qualifications – Duty of educational institutions to verify recognition status of awarding bodies at time of recruitment [Para 16]

Decision: Appeal dismissed – Appointment held void for lack of valid qualification at the time of entry into service – Subsequent qualification irrelevant – No relief under Article 226 – No costs [Para 29]

Service Law – Departmental Proceedings – Quasi-Judicial Nature – Procedural Fairness – Railway employee found guilty in a disciplinary inquiry for overcharging ₹5 from a decoy passenger during a pre-arranged trap – Tribunal set aside punishment on grounds of violation of Rule 9(21) and non-compliance with Vigilance Manual (Paras 704 and 705) – High Court reversed, holding that the Tribunal exceeded jurisdiction by reappreciating evidence – Held: Tribunal was justified in examining whether principles of natural justice and procedural safeguards were followed – Inquiry vitiated due to flawed trap, leading questions, and failure to examine delinquent on circumstances against him [Paras 6, 14, 15, 19, 21, 26–27]

Evidence – Vigilance Trap – Guidelines under Para 704 and 705 – Admissibility – Only one non-gazetted RPF officer witnessed the transaction from 30 meters away – No independent witnesses, decoy failed to count change or complain immediately – Held: Though Vigilance Manual does not create enforceable rights, substantial procedural deviation along with lack of credible evidence renders findings unsustainable – Tribunal rightly considered cumulative irregularities including flawed trap procedure and defective enquiry [Paras 10–14, 24–25]

Disciplinary Law – Rule 9(21) – Mandatory Requirement – Appellant not given opportunity to explain circumstances against him as mandated – Enquiry Officer failed to disclose evidence or allegations before concluding inquiry – Held: Rule 9(21) is mandatory – Breach vitiates inquiry and denial of fair hearing renders punishment legally infirm [Paras 18–20, 26]

Judicial Review – Scope – Administrative Law – While reappreciation of evidence is generally barred, courts/tribunals may examine procedural fairness, credibility of process, and proportionality of punishment – Held: Tribunal did not exceed jurisdiction in reviewing legality of enquiry and fairness of disciplinary action – High Court erred in interfering with well-reasoned Tribunal order [Paras 15, 21, 27]

Decision: Appeal allowed – Judgment of the High Court set aside – Order of Central Administrative Tribunal restoring the appellant's position reinstated – Costs of ₹25,000 awarded to the appellant [Para 27]