Service Law – Judicial Review of Transfer Orders – The Supreme Court dealt with the extent of judicial review in transfer matters. The appellant contested the Division Bench's decision which set aside the Single Judge's order validating the transfer order. The Bench revisited the principles governing judicial review in cases of employee transfer. [Para 8-14]

Scope of Judicial Review in Transfer Cases – held – reaffirmed the limited scope of judicial review in transfer matters, emphasizing that judicial interference is justified only in instances of clear statutory violation, malafide action, or infraction of prescribed norms. It clarified that executive instructions related to transfers do not confer legally enforceable rights, thus restraining judicial overreach in transfer decisions. [Para 9-10, 14]

Distinction between Malafide in Fact and Malafide in Law – examined – The Court distinguished between malafide in fact and malafide in law, underscoring that mere recommendation by an MLA or MP does not per se vitiate a transfer order. It also noted that malafide must be specifically pleaded and proven, impacting the validity of the transfer order. [Para 6, 9.3]

Decision – Reversal of Division Bench Judgment – The Supreme Court set aside the judgment of the Division Bench, upholding the Single Judge's decision. It concluded that the Division Bench erred in its interpretation and application of principles relating to judicial review in transfer matters. The Court thus restored the Single Judge's order, maintaining the validity of the contested transfer order. [Para 13-14]

Administrative Actions – Need for Reasoned Decision-Making – The Supreme Court emphasized the importance of reasoned decision-making in administrative actions, especially in transfer cases. It observed that while decision-making authorities must apply their mind, the Courts' role is limited to checking compliance with legal and procedural norms. [Para 29, 13]

Decision – Civil Appeal allowed, setting aside the judgment of the Division Bench of High Court – Restoring the order of the learned Single Judge dismissing the writ petition. [Para 14]

Land Acquisition Compensation – Enhanced Compensation - analyzed the judgements of the Karnataka High Court relating to enhanced compensation for land acquired by the State for various irrigation projects. The Court reviewed the acquisition process and compensation awards made by the Special Land Acquisition Officer (SLAO), Reference Court, District Court, and the High Court for the acquired lands under different projects such as Bennethora, Amarja, and Lower Mullamari. The amounts varied significantly, leading to inconsistencies in compensation rates. [Para 4-7]

Land Acquisition Act, 1894 – Interpretation – The Court scrutinized the compensation determination process under the Land Acquisition Act, 1894, in the context of the acquisition for irrigation projects in Karnataka. The judgement includes an extensive analysis of the procedural history and judicial decisions at various levels, providing insight into the application of the Act in large-scale land acquisitions. [Para 5-7, 10-11]

Judicial Review – Consistency and Uniformity in Compensation – The Court observed a lack of consistency and uniformity in the compensation awarded by the High Court across different cases and projects. This observation was based on the earlier judgement in Annarao @ Anveerappa case, which led to remanding several cases for reconsideration. The Supreme Court emphasized the need for uniformity in awarding compensation, especially in cases related to the same broader acquisition. [Para 8, 14]

Remand to High Court – Fair and Uniform Compensation – The Court directed the remanding of the present cases to the High Court for a fresh and holistic review. The aim is to achieve uniformity in compensation awards for similarly situated landowners and ensure justice in the context of the subject acquisitions. The Court instructed the High Court to consider all relevant aspects without reducing compensation already paid in some cases. [Para 14-17]

Decision – The Supreme Court disposed of the civil appeals, directing a comprehensive re-examination by the High Court. The High Court is to reassess the compensation in accordance with legal principles and previous rulings, and to expedite the process considering the age of the acquisitions. [Para 17-18]

Bail Application Dismissal – Dablu Kujur's appeal against the High Court's rejection of his bail application – Offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act – Bail denied due to the trial being at an advanced stage with the majority of witnesses examined [Paras 2-4].

Criminal Procedure – Police Report Compliance – The Supreme Court emphasized the importance of compliance with Section 173(2) of the CrPC in police reports. The court outlined mandatory requirements for police reports/charge sheets, highlighting the need for detailed and accurate documentation in criminal investigations. [Para 12-16]

Directions for Police Reports – Issued – The Court issued specific directions for the preparation of police reports upon the completion of investigations, including the requirement of detailed information about the case, parties involved, and evidence gathered. It stressed the need for compliance with Sections 169 and 170 of CrPC in case reports, and mandated the inclusion of all relevant documents and witness statements. [Para 17-18]

Enforcement and Compliance – Directed – The Court instructed all police stations to strictly adhere to the outlined directives for police report preparation. Non-compliance was noted as a serious issue, warranting strict scrutiny by the courts receiving such reports. The Supreme Court ordered dissemination of these directives to Chief Secretaries of States/UTs and Registrar Generals of High Courts for enforcement and compliance. [Para 18-19]

Decision – Appeal Dismissed – appeal by Dablu Kujur against the High Court's decision to deny bail was dismissed, considering the advanced stage of the trial and the imminent conclusion of witness examination. The Court declined to grant bail, emphasizing the importance of following legal procedures in criminal justice. [Para 4, 19]

Labour Law – Regularization of Contract Labour – issue of regularizing contract workers who were engaged in permanent and perennial work at Mahanadi Coalfields Ltd. The court examined the nature of work performed by these workers and the validity of their claim for regularization in light of the National Coal Wage Agreement-IV and the Industrial Disputes Act, 1947. [Para 2-6, 14-16]

Settlement and Its Binding Nature – assessed – The Court evaluated the binding nature of the settlement arrived at under Rule 58 of the Industrial Disputes (Central) Rules, 1957, which regularized 19 out of 32 workers. It further scrutinized the applicability of this settlement to the remaining 13 workers and the jurisdiction of the Industrial Tribunal in the light of Sections 18(1), 19(2), and 36 of the Industrial Disputes Act. [Para 10, 13-17]

Nature of Work – Perennial and Regular – held – The Court affirmed the findings of the Industrial Tribunal and the High Court that the nature of work performed by the 13 workers, similar to the 19 regularized workers, was regular and perennial. This was substantiated by the evidence of management witnesses, leading to the conclusion that there was no substantial distinction in the nature of work between the regularized and non-regularized workers. [Para 18-21]

Right to Regularization – upheld – The Supreme Court held that the 13 workers were unjustifiably denied regularization and that their nature of work entitled them to the same status as the regularized employees. The Court rejected the artificial distinction made by the appellant between the workers. [Para 22, 24]

Backwages – entitlement – The Court directed the entitlement of backwages to the 13 workers from the date of the Tribunal’s decision, i.e., 23.05.2002, modifying the Tribunal's order in this regard and acknowledging the long-drawn litigation's impact on both parties and the public interest. [Para 24, 25]

Decision – Dismissal of Appeals –  Supreme Court dismissed the appeals against the High Court's judgment, upholding the regularization of the 13 contract workers and their entitlement to backwages from the specified date. [Para 25]

Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]

Settlement and Coercion – The court observed that the post-FIR settlement between the parties, despite allegations of coercion by the respondent, did not demonstrate criminal intent by the appellants. It highlighted that the acceptance of the settlement amount by the respondent through a bank transaction negated the likelihood of coercion. [Para 3, 4]

Exercise of Inherent Powers under Section 482 CrPC – Applied – The Supreme Court exercised its inherent powers to prevent abuse of the process of the court, citing precedents where such powers were utilized to distinguish between civil disputes cloaked as criminal offences. [Para 5-7]

Distinction between Civil Dispute and Criminal Intent – Held – The court ruled that a mere breach of contract does not necessarily entail a criminal offence, particularly when the dispute has been settled and lacks elements of cheating or criminal breach of trust. [Para 7, 8]

Order – Quashing of Criminal Proceedings – The FIR and subsequent criminal proceedings against the appellants were quashed, marking a significant decision in distinguishing between civil disputes and criminal intent in contractual matters. [Para 8]

Navas convicted under Sections 302, 449, and 309 IPC for murdering four family members and attempting suicide – Death sentence modified to life imprisonment for 30 years without remission by High Court – Supreme Court reviews and reduces sentence under Section 302 IPC to 25 years without remission including the period already served. [Paras 1-2, 9, 12, 15, 60]

Circumstantial evidence solidly establishes Navas's guilt – Evidence includes witness testimonies, recovery of weapons, fingerprint analysis, and handwriting expert report linking Navas to the scene and the crime. [Paras 12(vi), 12(vii), 12(ix), 12(xi), 12(xiv)]

High Court's decision in reducing death penalty based on consideration of both aggravating and mitigating factors – Aggravating factors include premeditation, brutality, and multiple victims including a child and an elderly woman; mitigating factors include Navas's age (28 years), lack of profit motive, and conduct in jail. [Paras 58-59]

Supreme Court upholds conviction under Sections 302, 449, and 309 IPC – Modifies sentence under Section 302 to 25 years imprisonment without remission, inclusive of the period already served. [Para 60]

Habeas Corpus Petition for Personal Liberty – Evaluation of a woman ('X') under illegal detention by her parents – Claims of intimate relationship between the appellant and 'X' – High Court orders for interaction and counselling of 'X' – Subsequent appeal to the Supreme Court challenging the High Court's directive [Paras 2-5].

Independent Judicial Assessment – Report submitted by Ms Saleena V G Nair – 'X', an adult and master's degree holder, expresses desire to live with parents voluntarily and focus on career – No indication of illegal detention [Paras 6-9].

Supreme Court's Affirmation – Credence given to the report by a senior Judicial Officer, thereby not entertaining the Special Leave Petition – Emphasis on the autonomy and freedom of choice of 'X' [Paras 10-11].

Concerns Over Counselling and Identity – Caution against courts' intervention potentially influencing individual's sexual orientation and identity – Recognition of LGBTQ+ rights and avoidance of substituting subjective values for constitutional protections [Paras 12-14].

Guidelines for Handling Habeas Corpus and Protection Petitions – Detailed directives provided for judicial approach, emphasizing respect for individual’s sexual orientation, gender identity, and the concept of chosen family – Guidelines include ensuring privacy and non-coercive environments in court proceedings, avoiding undue influence, respecting individual autonomy, and prohibiting counselling aimed at changing sexual orientation or identity.

Priority hearing and avoidance of adjournments or delays.

Creation of a conducive environment for free expression of the corpus.

Ensuring privacy and safety during in-camera proceedings.

Non-influence of the detained person’s wishes by the court, police, or natal family.

Immediate release if the detained person wishes not to return to the detainer or natal family.

Granting of police protection to intimate partners, respecting their privacy and dignity.

No imposition of counseling or parental care.

Respecting sexual orientation and gender identity as core zones of individual privacy. [Paras 16-17].

Disposal of Appeal – Based on the report, the Criminal Appeal is disposed of, and pending applications, if any, stand disposed of [Paras 18-19].

Civil Service – Service Law - Performance Appraisal Report – Timeliness and Authority Discretion – The Supreme Court considered whether the delay by the Accepting Authority in completing the Performance Appraisal Report (PAR) for an Indian Administrative Services (IAS) officer breached the All India Services (Performance Appraisal Report) Rules, 2007. The dispute involved the varying grades assigned by different authorities and the subsequent appeal and legal challenges. [Para 3-7, 15-16]

Timeliness of Performance Appraisal Report – upheld – The Court held that the delay in completing the PAR by the Accepting Authority did not invalidate the appraisal, as the final assessment was completed within the ultimate time frame stipulated by Rule 5(1) of the PAR Rules. The Court noted that previous delays in appraisal reports for the respondent had not been contested, indicating that the timeline was not strictly mandatory. [Para 16-21]

Interference of High Court in Administrative Decisions – limited – The Supreme Court observed that the judiciary should exercise restraint in intervening in administrative decisions, especially in areas requiring specialized expertise. In this case, it was deemed inappropriate for the High Court to re-evaluate the competence and performance of a senior IAS officer, a task that falls within the purview of the executive authority. [Para 25-28]

Decision – Restoration of Accepting Authority's Assessment – The Supreme Court reversed the High Court’s decision and restored the overall grade and remarks awarded by the Accepting Authority in the PAR. The Court directed the Accepting Authority to decide on the pending representation of the respondent under Rule 9(7B) of the PAR Rules within 60 days. [Para 29-31]

Alleged Sexual Harassment by Teachers – Conviction of appellants (A-1 and A-2) under Section 12 of the POCSO Act and Section 506 IPC for sexually harassing a minor girl student – Incident involving gifting of flowers and chocolate on Valentine's Day and threatening remarks – High Court upheld Special Court's decision – Contradictions in testimony and lack of corroborative evidence questioned. [Paras 1, 2, 3, 5, 6]

Evaluation of Evidence – Analysis of contradictions in victim's statements and witnesses' testimonies – Inconsistencies noted between victim's statement under Section 164, Cr.P.C., and deposition in court – Discrepancies in complaint lodging process – Witness P.W.6's hostility and P.W.10's unawareness of incidents weakened prosecution's case – Discrepancies in witness testimonies regarding incidents and approach to police – Lack of clarity on complaint lodging procedure and failure to examine other classroom students. [Paras 16, 17, 18, 19, 20]

Legal Principles in Sexual Harassment Cases – Reliance on sole testimony of the victim requires it to be of sterling quality – Inconsistencies in the victim's account and lack of corroborative evidence from eyewitnesses or circumstantial evidence – Judicial notice of Valentine's Day irrelevant to the case. [Paras 10, 11, 12, 13, 14, 15]

Conclusion and Acquittal – Evidence not sufficient for conviction – Prosecution failed to prove case beyond reasonable doubt – Benefit of doubt extended to appellants – Convictions under Section 12 of the POCSO Act and Section 506 IPC set aside – Appellants acquitted and directed to be released from custody. [Paras 21, 22, 23, 24, 25, 26, 27, 28, 29]