Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Rule 66 - Additional List (Wait List) - Appellant's appeal against the High Court's direction to appoint the respondent based on her inclusion in the Additional List - Held, Additional List does not create a right to appointment - The Rule does not mandate the State to make appointments from the Additional List - Duty to fill up vacancies from the Additional List can arise only based on a mandatory rule - State has discretion in filling vacancies from the Additional List, subject to judicial review - High Court erred in assuming a right to appointment based on Entry 66 of the Schedule to the Rules - State's action cannot be arbitrary but is subject to judicial review. [Para 9, 10, 11]

Proceedings dated 11.04.2003 - Clarification on the life of the Additional List - Additional List remains valid for six months from its announcement - Mere inclusion in the Additional List does not confer a right to appointment - Additional List ceases to operate from the date of publication of notification for subsequent recruitment of Primary School Teachers. [Para 7]

High Court's finding on the State's failure to inform the respondent about the vacancy and delays in filling up the vacancy - Irrelevant to the operation of the Rule - Operation of the Additional List depends on the time specified in the Rule, not individual candidates' knowledge. [Para 12]

State's appeal allowed - High Court's directions set aside - No order as to costs. [Para 13]

Constitutional Law - Service Law - Pension and retirement benefits for judicial officers - Recommendations of the Commission for revision of pension and other related benefits - Acceptance of recommendations by the Court - Direction to implement necessary amendments in Service Rules and clear arrears of pay - Compliance affidavits to be filed - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]

Constitutional Law - Service Law - Pension for retirees - No change in percentage of pension for retirees on or after 01.01.2016 - Recommendation accepted - Revised pension for retired judicial officers to be 50% of the last drawn pay - Acceptance of recommendation - Multiplier and fitment of pensioners in pay matrix - Application of multiplier of 2.81 to pensioners - Pensioners to be fitted into the pay matrix - Acceptance of recommendation - Consequential re-fixation of judicial officers who retired prior to 01.01.1996 - Benefit to be extended to pre-1996 retirees if not already granted - Accepted recommendation - Consideration of years of practice at the Bar while calculating pension - Maximum weightage of 10 years to be given - Recommendation accepted. [Para 86-93]

Constitutional Law - Service Law - Family Pension - No change in existing percentage of family pension - Payment of family pension to eligible family members after the death of the spouse - Quantum of family pension to be increased in the same manner as pension - Acceptance of recommendations. [Para 94-97]

Constitutional Law - Service Law - Additional quantum of pension/family pension - Payment of additional quantum of pension from the age of 75 years onwards - Acceptance of recommendation - Continuation of prevailing benefits up to the age of 75 years - Acceptance of recommendation. [Para 98-102]

Constitutional Law - Service Law - Gratuity - Calculation of gratuity on par with Central Civil Services (Pension) Rules, 1972 - Maximum limit of Rs. 20 lakhs, increased by 25% whenever DA rises by 50% - Acceptance of recommendations. [Para 103-106]

Constitutional Law - Service Law - Retirement age of judicial officers - No change recommended. [Para 107]

Constitutional Law - Service Law - Financial assistance in case of death - Payment of family pension and death cum retirement gratuity to spouse/dependent of deceased officer - Acceptance of recommendation. [Para 108]

Constitutional Law - Service Law - Assistance to pensioners/family pensioners - Consideration of recommendations at a later stage. [Para 109]

Constitutional Law - Service Law - Abolition of New Pension Scheme - Separate consideration after hearing states. [Para 110]

Constitutional Law - Service Law - Implementation of recommendations - Amendments to Service Rules - Compliance affidavits to be filed - Clearance of arrears of pay and pension - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]

Transfer Petition - Divorce proceedings - Transfer of case - Wife filed a Transfer Petition seeking transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh - Supreme Court observed that the parties had suffered an irretrievable breakdown of marriage - Court exercised its power under Article 142 of the Constitution and closed all cases filed by the parties against each other, granting a decree of mutual consent divorce. (Para 7, 8, 9, 12)

Permanent Alimony - Quantification - Dispute regarding permanent alimony in a mutual consent divorce - Wife claimed Rs. 70,00,000 as permanent alimony, while the husband offered Rs. 25,00,000 - Supreme Court, considering the financial positions of the parties, quantified the permanent alimony at Rs. 35,00,000 - The husband was directed to pay the amount within six months from the date of the judgment. (Para 10)

Quashing of FIR and Maintenance Case - FIR filed by the petitioner's father and Maintenance Case filed by the petitioner in Lucknow were quashed by the Court. (Para 8)

Revival of Cases - It was clarified that if the respondent failed to pay the permanent alimony within the stipulated time, the quashed FIR and Maintenance Case would be revived. (Para 11)        

Criminal Law - Offences under sections 447 and 419 of the Indian Penal Code - Compoundable nature of offences - Tendering of unqualified apology by the appellant - Satisfaction expressed by the complainant - Closure of proceedings - Discharge of appellant. (Paragraphs 5, 7, 10, and 11)

Criminal Procedure - Application for discharge - Partial allowance - No ground for framing charges under sections 353/120B of the IPC and section 12 of the Prevention of Corruption Act - Prima facie material for proceeding under sections 447/419 of the IPC - Transmission of case to the court of the Additional Chief Judicial Magistrate - Challenge to the order before the High Court. (Paragraphs 2, 5, 7, 10, and 11)

High Court - Application under section 482 of the Code of Criminal Procedure - Dismissal of application - Appeal before the Supreme Court - Grant of leave to appeal - Consideration of merits of the orders passed by the Special Court and the High Court. (Paragraphs 2, 3, and 5)

Supreme Court - Discretionary power - Tendering of unqualified apology by the appellant - Satisfaction of the complainant - Closure of proceedings - Setting aside of orders - Discharge of the appellant - Special facts and circumstances of the case - No useful purpose in subjecting the appellant to trial - Appeal allowed. (Paragraphs 6, 7, 10, and 11)

Future conduct - Cautionary note to the appellant - Avoidance of recurrence of similar incidents - Appreciation for the complainant for not escalating the matter further. (Paragraphs 12 and 13)

Criminal Law - Appeal - Conviction and sentence - Quashing of conviction and sentences imposed on appellant - Heinous nature of crime - Rape and murder of a six-year-old child - Court finding multiple irregularities, contradictions, and gaps in prosecution's case and investigation - Failure to establish guilt beyond reasonable doubt - Irregularities in investigation, including changing of investigating officers, non-compliance with legal provisions, delays in sample analysis, lack of proper documentation, and unanswered questions - DNA evidence not infallible - Prosecution failing to undergo necessary lengths and efforts to prove guilt of appellant - Yawning gaps in chain of circumstances - Circumstances not conclusively pointing to appellant's guilt - Charges not proved against appellant - Role and responsibilities of investigating authorities - Failure to adhere to principles essential for successful investigations - Appeals allowed - Conviction and sentences quashed and set aside - Appellant to be set at liberty forthwith if not required in any other case. [Para 68-82]

Criminal Procedure Code, 1973 - Section 53A - Compliance with provisions - Non-compliance with requirements of Section 53A, including taking samples, maintaining chain of custody, and timely submission of samples for analysis - Unexplained delay and irregularities compromising the integrity of evidence - Failure to establish guilt beyond reasonable doubt. [Para 61-63, 75-78]

DNA Evidence - Reliability - DNA report forming part of record - Unexplained delay in sending samples for analysis - Uncompromised nature of evidence not established - DNA evidence not infallible - Circumstances not pointing conclusively to appellant's guilt - Conviction and sentences quashed and set aside. [Para 64-65, 78]

Criminal Appeal - Quashing of charge-sheet and criminal proceedings - Appellant challenged the dismissal of his application seeking quashing of the charge-sheet and pending criminal proceedings - Allegations of verbal abuse and physical assault - FIR registered under IPC and SC/ST Act - Appellant claimed he was also beaten and his FIR was not initially registered - Second FIR filed against the complainant - Appellant alleged mala fide intention and failure to consider his version of the incident - High Court found no material irregularity and dismissed the application - Appeal before Supreme Court. (Para 2)

SC/ST Act - Offence under section 3(1)(x) - Allegations of caste-related abuses and insult with intent to humiliate - Examination of place of occurrence and presence of a member of the public - Lack of evidence regarding utterances and targeted insults - Legislative intent to target insults based on caste - Charge-sheet lacking specific content of abusive language to attract SC/ST Act - Proper outlining of utterances required in the charge-sheet - Failure to make out a case under section 3(1)(x) of the SC/ST Act. (Para 17-18)

Offences under IPC - Voluntarily causing hurt (section 323) and intentional insult (section 504) - Lack of evidence regarding nature of injuries and witnesses - Absence of intentional insult to provoke a person to break public peace or commit another offence - Appellant's abuse without sufficient grounds for trial - Abuse of process of law - Quashing of criminal proceedings warranted. (Para 21-23)

Jurisdiction - Section 482 of Cr. PC - High Court's limited jurisdiction to appreciate evidence and determine prima facie case - Failure to consider challenge to criminal proceedings and charge-sheet - Grave failure of justice - High Court's judgment set aside - Criminal case quashed. (Para 24)

Abuse of process of law - Continuation of criminal case unjustified - Absence of evidence, intentional insult, and targeted caste-related abuses - Quashing of criminal case ordered. (Para 25)

Contracts - Tender process - Judicial review - Restraint in interference - Court's role in contractual and commercial matters - Need for clear-cut case of arbitrariness, mala fides, bias, or irrationality - Court's limited expertise in technical issues - Consideration of public interest and financial implications - Discretionary powers to be exercised with caution - Exercise of power of judicial review only in furtherance of public interest. [Para 48]

Tender process - Compliance with tender conditions - Deviation from mandatory requirements - Disqualification of non-responsive bidder - Discretion of employer in accepting bids - Courts should refrain from imposing their decision over the decision of the employer, unless a clear-cut case of arbitrariness, mala fides, bias, or irrationality is made out - Court's interference not warranted when contract is well underway and fresh tender would cause unnecessary loss to public exchequer. [Para 49, 55]

Disqualification of bidder - Investigation into decision of employer - Reversing disqualification - Exercise of writ jurisdiction - Requirement of public interest - Reluctance of courts to interfere in matters of tender or contract - Courts not to use a magnifying glass to scrutinize tenders - Fair play in the joints to be given to government and public sector undertakings - Courts must exercise restraint and caution. [Para 48, 54]

Compliance with tender conditions - Revision of documents - Restriction on addition, correction, or submission after technical bid opening - Applicability to documents forming part of technical bid - Distinction between mandatory documents and additional or collateral terms - Revised Annexure Y submitted after bid submission end date - Permissibility in case of clerical error - Discretion of employer in accepting revised document. [Para 50, 51]

Financial implications and public interest - Fresh tender process - Consideration of cost and time implications - Loss to public exchequer - Courts to exercise caution in directing a fresh tender - Overwhelming public interest required for court's interference. [Para 52, 56]

Public sector contracts - Award of contract - Commercial functions - Equity and natural justice stay at a distance - Bona fide decision in public interest - Court's exercise of judicial review in tender or contract matters - Protection of private interest at cost of public interest - Discretionary powers to be exercised with restraint and consideration of larger public interest. [Para 54]

Disqualification of non-responsive bidder - Failure to comply with tender conditions - Investigation into decision of employer - Non-compliant deviation from material and essential terms - Disqualification upheld by court - No interference warranted in acceptance of eligible bidder - Discretion of employer in awarding contract - Financial implications of terminating contract - Court's interference not in public interest. [Para 49]

Disqualification of bidder - Tender process - Compliance with mandatory conditions - Deviation from essential requirements - Disqualification of non-responsive bidder - Reversal of disqualification by court - Misplaced relief for party not fulfilling requisite criteria - Contractual disputes not suitable for judicial interference - Protection of public interest and larger public exchequer. [Para 55]

Tender process - Compliance with tender conditions - Mandatory eligibility conditions for qualified bidder - Stipulated conditions in tender document - Non-compliance leading to non-responsive status - Technical evaluation and lowest rates determining award of contract - Disqualification upheld in case of deviation. [Para 41, 43]

1. Workmen's Compensation Act, 1923 - Jurisdiction of Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation - Contesting claim - Scope of - High Court holding the claim as coram-non-judice - Appeal against - Written statement filed by respondent not amounting to contest - Employer admitting the claim - Lack of cross-examination by insurer - Claim not meeting the criteria of a contested claim under relevant notification - High Court's conclusion erroneous - Jurisdiction of Deputy Labour Commissioner upheld - High Court's judgment set aside. (Para 4-8)

2. Workmen's Compensation Act, 1923 - Determination of compensation - Recalculation of income - Deceased employed as a truck driver - Wife's statement on oath regarding monthly earnings - Employer admitting the deceased's wages - Deceased supporting four dependents - Income not excessive for a truck driver in the year 2011 - Unchallenged statement of wife deemed reliable - Recalculation of compensation required. (Para 11-13)

3. Workmen's Compensation Act, 1923 - Calculation of compensation - Income of deceased - Acceptance of deceased's monthly income as Rs. 6,000/- - Deduction of 50% as loss of income to claimants - Appropriate multiplier applied based on deceased's age - Compensation awarded accordingly. (Para 13)

4. Workmen's Compensation Act, 1923 - Interest on compensation - Statutory mandate - Claimants entitled to interest at 12% per annum - Computation from one month after the date of the accident till date of payment - Amount already paid or deposited by insurer excluded. (Para 14)

5. Workmen's Compensation Act, 1923 - Appeal - Remitting matter for adjudication on merits - Widow and dependents awaiting reasonable compensation - Adjudication of appeal on merits instead of remitting to High Court. (Para 8)

6. Costs - Award of - Claimants awarded costs - Directions for balance amount deposition by insurer. (Para 16)

Criminal Procedure Code, 1973 – Sections 227, 239 – Discharge of accused – Scope – At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed – Accused can be discharged only if no offence is made out – Truthfulness, sufficiency, and acceptability of the material produced can be evaluated only at the stage of trial – Court has to satisfy that a prima facie case is made out against the accused – Interference of the Court at that stage is required only if there are strong reasons to hold that allowing the trial to proceed would amount to an abuse of the process of the Court. [Para 11]

Psychological Evaluation and Profiling – Value of evidence – While Psychological Evaluation alone may not be sufficient to convict an accused, it is a material piece of evidence that should be considered – Failure to consider the results of Psychological Evaluation and Profiling tests, which pointed towards the involvement of the accused, indicates non-application of mind by the Court. [Para 17]

Selective consideration of evidence – High Court’s failure to refer to the statements of witnesses and the evidence collected in its entirety, and instead selectively referring to some statements, demonstrates a lack of proper analysis – Non-application of mind by the High Court in exercising its jurisdiction, leading to the scuttling of the trial of a heinous crime. [Para 18]

Discharge of accused in blind murder case – In a blind murder case where no eye-witness is present, the Court must rely on circumstantial evidence and the material collected during the investigation to establish a prima facie case – The discharge of accused without proper consideration of the evidence collected and the results of Psychological Evaluation and Profiling tests would be unjust and an abuse of the process of the Court. [Para 20]

Setting aside of order of discharge – In light of the non-application of mind by the High Court, selective consideration of evidence, and failure to evaluate the results of Psychological Evaluation and Profiling tests, the impugned order of the High Court is set aside, and the case is remitted for further proceedings. [Para 21]