Judicial Appointments – Elevation to High Court – Writ petition under Article 32 challenging the process of reconsideration for elevation of two senior-most District and Sessions Judges in Himachal Pradesh High Court – Petitioners argued against the appointment of officers junior to them without reconsideration of their names as directed by the Supreme Court Collegium – High Court Chief Justice's individual decision found inconsistent with collective decision-making required by Collegium system – Court emphasized the necessity of plurality in decision-making for judicial appointments – Writ petition allowed, directing fresh reconsideration of petitioners' names for elevation as Judges of the High Court [Paras 1-32]. 

Judicial Review – Limited scope – Court reaffirmed the limited scope of judicial review in matters of judicial appointments – Distinction between 'eligibility' and 'suitability' emphasized – Judicial review limited to assessing 'eligibility' and 'lack of effective consultation' while 'suitability' remains non-justiciable [Paras 11-17]. 

Collegium Process – Collective Decision-Making – Supreme Court reiterated that elevation for judgeship in a High Court requires collective decision-making by the High Court Collegium – Chief Justice acting alone cannot make decisions regarding reconsideration for elevation – Lack of plurality in the reconsideration process vitiated the decision [Paras 18-32]. 

Decision – Petition Allowed – Held – The High Court Collegium to reconsider the names of the petitioners for elevation to the High Court in compliance with the Supreme Court Collegium’s decision and the Law Minister’s communication – The individual decision of the Chief Justice found procedurally and substantially flawed – Writ petition allowed [Para 32]. 

Consumer Law – Deficiency in Service – Real Estate Dispute – The appellant sought a refund for failure by the Agra Development Authority (ADA) to provide possession of a residential apartment due to construction deficiencies, including the absence of a completion certificate and firefighting clearance. The NCDRC granted a partial refund but limited interest to the date of filing the complaint. The Supreme Court held that ADA's failure to obtain the necessary certificates rendered its offer of possession legally invalid, and thus the appellant was entitled to further compensation for the delay in possession [Paras 1-20].

Limitation and Jurisdiction in Consumer Disputes – ADA argued that the complaint was time-barred and beyond the pecuniary jurisdiction of the NCDRC. The Court rejected these arguments, applying Sections 18 and 19 of the Limitation Act, which extended the limitation period due to ADA's acceptance of payments and issuance of reminders. Further, the Court held that the NCDRC had pecuniary jurisdiction as the claim, including compensation for mental agony and harassment, exceeded Rs. 1 crore [Paras 21-40].

Compensation for Delay in Possession – The Court found that both the appellant and ADA were responsible for delays in the transaction. While the appellant delayed in making payments, ADA failed to provide the completion certificate, making its offer of possession invalid. As such, the Court awarded additional compensation of Rs. 15,00,000 to the appellant, in addition to the refund and interest from the date of the complaint [Paras 41-50].

Decision: Appeal of the appellant partly allowed – Refund of the deposit along with 9% interest per annum from the date of the complaint, plus additional compensation of Rs. 15,00,000.

ADA's appeal dismissed – The arguments regarding limitation and pecuniary jurisdiction were found to be without merit.

Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising suspicion. The High Court dismissed the writ petition, advising the appellants to approach a Magistrate under Section 156(3) Cr.P.C. – Supreme Court held that considering the position of respondent no. 7 and the allegations of bias, an independent investigation by the CBI was warranted to ensure justice and transparency [Paras 1-12].

Powers of Constitutional Courts – Transfer of Investigation to CBI – The Court reiterated that the power to direct a CBI investigation should be exercised sparingly and only in exceptional cases where credibility of the investigation is in question. Relying on previous rulings, including State of West Bengal v. Committee for Protection of Democratic Rights (2010), the Court observed that the present case merited such direction due to the involvement of a senior judicial officer and suspicious circumstances surrounding the death [Paras 13-25].

Decision: Appeal allowed – The Court set aside the High Court's order and directed the CBI to conduct a thorough and fair investigation into the death of Ms. Ranjana Diwan. The CBI was instructed to submit its report to the Court. If sufficient evidence is found, the CBI may register an FIR; otherwise, it may close the case. The State of Chhattisgarh is directed to cooperate fully with the CBI during the investigation [Paras 26-30].

Service Law – Repatriation of Employees – After the bifurcation of Andhra Pradesh, APSRTC employees were repatriated to their parent zones under TSRTC – High Court quashed the repatriation orders and directed permanent allocation to deputational posts – Supreme Court held that the High Court’s reliance on Section 77 of the Andhra Pradesh Reorganisation Act, 2014 was misplaced – Section 82 governs the allocation of employees of Public Sector Undertakings (PSUs), and guidelines for allocation had already been finalized [Paras 9-14].

Section 82 of the Andhra Pradesh Reorganisation Act – Governs allocation of PSU employees post-bifurcation – APSRTC’s Agenda Note of August 2017 clarified that Class III and Class IV employees should be allocated to the respective corporations where the region falls – Supreme Court affirmed that the respondents, who were deputed temporarily, should report to their parent zones under TSRTC as per these guidelines [Paras 11-13].

Judicial Review – High Court erroneously applied principles related to government employees under Section 77 to PSU employees – Supreme Court set aside the High Court’s judgment and directed that the employees continue their service in their parent zones [Paras 10-17].

Decision: Appeal allowed – High Court judgment dated November 21, 2019, quashed – Repatriation orders upheld – Respondents to report to their parent zones under TSRTC as per the finalized guidelines [Paras 17-18].

Suo Motu Criminal Revision – High Court Powers Under Section 397 CrPC – The petitioner challenges the Madras High Court’s decision, which invoked its suo motu criminal revision powers under Section 397 of the CrPC, to interfere with a final closure report filed by the DVAC – Held: The High Court overstepped by effectively directing the framing of charges, a power that lies with the Special Judge under Section 227 CrPC – The closure report should be weighed along with earlier investigation reports, and the Special Judge is to decide whether to proceed with the trial or discharge the accused [Paras 2, 7-10].

Assignment of Case – Violation of Madras High Court Rules – The petitioners argued that, as per Rule XIV of the Madras High Court Rules, the suo motu revision should have been assigned to a Division Bench, but it was handled by a Single Judge – Held: This alleged violation must be addressed, as the Chief Justice is the Master of the Roster and assignment to the Division Bench would be necessary for MPs/MLAs cases [Paras 4-5].

Section 227 CrPC – Powers of the Special Judge – The petitioners submitted that the Special Judge is required to consider whether sufficient grounds exist to frame charges based on the materials presented, including the closure and earlier investigation reports – Held: The High Court's direction to the Special Court to frame charges bypassed this procedure, undermining the Special Judge’s role under Section 227 CrPC [Para 6].

Reports Under Section 173(8) CrPC – Reliance on Vinay Tyagi Precedent – The petitioners relied on the Vinay Tyagi v. Irshad Ali decision, which held that all investigation reports, including supplementary reports under Section 173(8), must be considered cumulatively before framing charges – Held: The High Court erred by treating the final closure report as a supplementary report and directing the Special Court to frame charges without proper consideration of the reports [Paras 9-10].

Decision:

Notice issued, returnable in four weeks. Dasti notice to be served on the Standing Counsel for the State. In the meantime, the operation of the impugned judgment of the Madras High Court is stayed.

Criminal Law – Conviction under Sections 148 and 302/149 IPC upheld – Challenge in Supreme Court against the Allahabad High Court's decision maintaining trial court’s conviction of the appellant for murder and rioting – Court examined the evidence presented by the prosecution, including eyewitness accounts and medical evidence – The prosecution’s case was supported by the testimony of eyewitnesses, corroborated by medical evidence of the deceased’s injuries – The appellant’s involvement in the unlawful assembly with a common object of eliminating the deceased was established, leading to the upholding of the conviction [Paras 1-34].

Unlawful Assembly and Vicarious Liability – Supreme Court reaffirmed that under Section 149 IPC, each member of an unlawful assembly is vicariously liable for the acts committed in prosecution of the common object, regardless of whether each member physically participated in the crime – Even if the appellant did not directly cause fatal injuries, his participation in the unlawful assembly with the knowledge of the common object was sufficient for conviction under Sections 148 and 302/149 IPC [Paras 27-31].

Evidence Evaluation – Supreme Court found that despite certain omissions in the prosecution's case, such as the non-recovery of the weapon and the failure to examine key witnesses, the evidence of the eyewitnesses was credible and consistent – The Court concluded that these omissions did not undermine the overall prosecution case, which was sufficiently supported by direct and medical evidence [Paras 32-33].

Decision – Dismissal of Appeal – Held – The appeal is dismissed, and the conviction of the appellant under Sections 148 and 302/149 IPC is affirmed – The Court held that the appellant’s involvement in the unlawful assembly with the common object of committing murder was clearly established, justifying his conviction under the applicable sections of the IPC [Paras 33-34].

Service Law – Termination of Employment – Non-compliance with Procedural Requirements – Termination of respondent's services by Kerala Agricultural University for unauthorized absence after expiry of Leave Without Allowance (LWA) challenged – High Court Division Bench set aside the termination, holding that the university failed to follow the prescribed procedure under the Kerala Civil Services (Classification, Control, and Appeal) Rules, 1960 – Supreme Court upheld the High Court's decision, emphasizing the necessity of recording prima facie satisfaction before initiating a disciplinary inquiry as per Rule 15 – Failure to adhere to statutory procedures deemed fatal to the university’s case [Paras 8-14].

Natural Justice – Mandatory Procedural Compliance – Supreme Court reiterated that statutory procedures must be strictly followed – The principle that if a statute prescribes a particular procedure, it must be followed in that manner and not otherwise – University’s failure to record satisfaction before disciplinary inquiry found to violate principles of natural justice – Respondent's inability to rejoin duties due to illness and COVID-19 travel restrictions considered bona fide [Paras 12-15].

Decision – Dismissal of Special Leave Petition – Held – The Supreme Court dismissed the appeal, affirming the High Court's quashing of the termination order – Court found no merit in the university's plea, concluding that the Division Bench's judgment was sound and required no interference – Termination set aside due to procedural lapses by the university [Paras 16-17].

Civil Law – Jurisdiction of Execution Court – Specific Performance – Rescission of Contract – The Supreme Court considered whether the Execution Court had jurisdiction to entertain applications for rescission of a contract and for the extension of time to deposit balance sale consideration under Section 28 of the Specific Relief Act, 1963, when the decree was passed by an appellate court. The Court held that the Execution Court, being the court of first instance, retained jurisdiction to entertain such applications, emphasizing that the decree passed by an appellate court is considered as being passed in the same suit. The Court further clarified that the applications should be treated as interlocutory applications in the original suit rather than in execution proceedings. [Paras 15-19]

Equitable Relief – Extension of Time to Deposit – Substantial Justice – The Supreme Court upheld the Execution Court’s decision to allow the decree-holder to deposit the balance sale consideration despite a delay. The Court noted that the decree-holder had consistently shown an intention to comply with the decree, and the delay was not due to any fault on their part. The decision emphasized the discretionary nature of the relief under Section 28 of the Specific Relief Act, 1963, aimed at ensuring substantial justice rather than penalizing procedural delays. The Court also refused to interfere under Article 136 of the Constitution, stating that technicalities should not override the interests of justice. [Paras 23-30]

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, affirming the Execution Court's jurisdiction and its decision to extend the time for deposit, thereby allowing the decree-holder to obtain specific performance of the contract. [Paras 31-32]

Criminal Law – Sections 279, 337, 338, and 304(A) of IPC – Conviction and Sentence – Modified – The appellant was convicted of causing death by rash and negligent driving under Sections 279, 337, 338, and 304(A) of the IPC, related to a road accident resulting in the death of a pillion rider – The trial court sentenced him to simple imprisonment and fines for each offence – On appeal, the High Court upheld the conviction and imposed additional compensation – The Supreme Court, considering the appellant's age (69 years), health issues, and the fact that he had already been incarcerated for 117 days, modified the sentence to the period already undergone – Compensation reduced from Rs. 2.5 lakhs to Rs. 50,000, to be paid within 60 days [Paras 13-15].

Section 162 of Cr.P.C. – Testimony Contradictions – The appellant contended that the identification of the accused based on PW-6's testimony involved contradictions with the Section 161 statement, as the witness initially described the driver as an elderly person – The Court held that this inconsistency did not amount to a significant contradiction under Section 162(2) Cr.P.C., and the identification remained valid [Paras 8-9].

Sentence Reduction – Long Period of Incarceration and Mitigating Factors – The Court noted that the appellant had already been in custody for 117 days, and the accident occurred in 2007, almost 17 years ago – Citing a previous judgment in Surendran v. Sub-Inspector of Police, 2021, which substituted a sentence of imprisonment with a fine in a similar case of negligent driving, the Court reduced the appellant's sentence to the time already served [Paras 12-13].