Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial transaction does not constitute a criminal offence unless there is clear evidence of dishonest intent at the inception – Remedy lies in civil litigation for recovery of dues, not criminal prosecution – High Court’s dismissal of the petition under Section 482 CrPC was overturned as there was no legal basis for the criminal proceedings [Paras 1-4, 31-40].

Judicial Scrutiny – Issuance of Process – Importance of Prima Facie Case – Held – Issuance of summons is a serious matter and must not be done mechanically – Magistrate must apply mind to ensure allegations constitute an offence before issuing summons – Supreme Court criticized the lower courts for not properly scrutinizing the complaint and evidence before initiating criminal proceedings – Highlighted the need for meticulous examination of the complaint's contents to distinguish between criminal breach of trust and civil breach of contract [Paras 13-23, 41-43].

Criminal Procedure – Powers of the Magistrate under Section 202 CrPC – Explained – Limited scope of inquiry under Section 202 CrPC was reiterated – The Magistrate must ascertain the existence of a prima facie case without delving into the merits or demerits of the case at this stage – The Supreme Court emphasized that the inquiry is not to determine guilt but to decide if there is sufficient ground to proceed with the case – Faulty application of these principles by the Magistrate and High Court led to the quashing of the summoning order [Paras 6-12].

Difference between Criminal Breach of Trust and Cheating – Legal Principles – Clarified – The Supreme Court reiterated the distinction between the two offences – Criminal breach of trust involves entrustment of property with dishonest misappropriation, while cheating involves deception from the inception – The Court ruled that these offences cannot coexist under the same set of facts, as they are mutually exclusive – The judgment underscores that the transaction in question did not meet the criteria for either offence under the IPC [Paras 24-30].

Final Decision – Appeal Allowed – Orders of the High Court and Magistrate quashed – Supreme Court directs the Registry to send copies of the judgment to the Principal Secretary, Ministry of Law & Justice, and the Home Department to ensure better legal training and understanding of these offences across the country [Paras 44-47].

Service Law – Regularization of Appointment – Doctrine of Legitimate Expectation – Denial of Confirmation in Lien Vacancy – High Court's Dismissal Reversed – Challenge to the High Court’s decision upholding the resolution of the Executive Council of Tripura University not to confirm the appellant in the post of Assistant Professor in Law despite the vacation of the lien vacancy – The Supreme Court held that the University’s action was arbitrary and violative of the appellant's legitimate expectation, as there was no adverse performance record against the appellant and the lien had been vacated – Judgment of the Single Judge and the Division Bench set aside – Writ of mandamus issued directing the University to reconsider the appellant’s case for confirmation within four weeks [Paras 1-37].

Doctrine of Legitimate Expectation – Application in Employment – University’s Discretion in Regularization – Supreme Court emphasized that the doctrine of legitimate expectation requires that public authorities exercise their powers fairly and without arbitrariness – In this case, the appellant’s legitimate expectation to be confirmed in her post after the lien was vacated was not outweighed by any larger public interest – University’s failure to provide a satisfactory explanation for denial of confirmation amounted to arbitrary exercise of power [Paras 27-35].

Decision – Appeal Allowed – Held – The appeal is allowed, and the decisions of the Single Judge and Division Bench are set aside – The University’s resolution not to confirm the appellant and to re-advertise the post was quashed – A writ of mandamus was issued directing the University to reconsider the appellant’s case for confirmation within four weeks, with all consequential benefits to be provided [Paras 36-37].

Civil Law – Termination of Contractual Employment – Stigmatic Termination Without Inquiry – The Supreme Court quashed the termination order of an Assistant Project Coordinator (APC) under the Sarv Shiksha Abhiyan (SSA) by the State of Madhya Pradesh – The Court found that the termination, alleged to be based on unsatisfactory performance, was stigmatic in nature and issued without due inquiry, violating the principles of natural justice – The Court reinstated the appellant with 50% back wages and other consequential benefits – [Paras 1-37].

Contract Law – Service Conditions under Contract – Clause 4 of Rajiv Gandhi Prathmik Shiksha Mission’s General Service Conditions – The Supreme Court held that Clause 4, which allows for termination with one month's notice for inefficiency or immediate termination for "undesirable activities," was not properly followed – The termination was found to have been effected without the required notice or inquiry, making it invalid – [Paras 31-35].

Administrative Law – Judicial Review – Scope of Review in Contractual Employment – The Supreme Court reiterated that even in contractual employment, a termination order can be reviewed by the Court if it is found to be punitive in nature or issued in violation of statutory or contractual provisions – The Court emphasized that the form of the order is not decisive, but the substance and the circumstances leading to the termination are – [Paras 33-34].

Decision – Appeal Allowed – Held – The appeal is allowed, the termination order is set aside, and the appellant is entitled to reinstatement with partial back wages and other consequential benefits – The Court, however, denied liberty to the respondents to initiate fresh proceedings based on the same charges due to the passage of time – [Paras 36-37].

Service Law – Grant of Increment to Technical Personnel on Acquiring Ph.D. Qualification – Differentiation between Scientific and Technical Staff – Supreme Court sets aside the High Court’s decision upholding the Tribunal’s order granting two advance increments to technical personnel upon acquiring a Ph.D. degree – Held, scientists and technical staff belong to different cadres governed by distinct service rules, with scientists being eligible for incentives under their specific pay package – Mere possession of a Ph.D. by technical staff does not entitle them to benefits reserved for scientists – Appeal allowed [Paras 1-11].

Constitutional Law – Article 14 – Equality before Law – Applicability to Service Benefits – Supreme Court clarifies that Article 14 cannot be invoked to claim equal benefits between differently classified service cadres with distinct roles and promotional avenues – Reiterates that differentiation based on job requirements and service rules does not violate the right to equality under Article 14 – Appeal allowed, setting aside the orders of the Tribunal and High Court [Paras 8-10].

Decision – Appeal allowed – The Supreme Court dismissed the Original Applications filed by the respondents before the Tribunal, setting aside the orders of the Tribunal and the High Court – Held, technical personnel are not entitled to the benefits of advance increments upon acquiring a Ph.D. degree, as those benefits are specific to scientists under their service rules [Para 11].

Service Law – Grant of Increment to Technical Personnel on Acquiring Ph.D. Qualification – Differentiation between Scientific and Technical Staff – Supreme Court sets aside the High Court’s decision upholding the Tribunal’s order granting two advance increments to technical personnel upon acquiring a Ph.D. degree – Held, scientists and technical staff belong to different cadres governed by distinct service rules, with scientists being eligible for incentives under their specific pay package – Mere possession of a Ph.D. by technical staff does not entitle them to benefits reserved for scientists – Appeal allowed [Paras 1-11].

Constitutional Law – Article 14 – Equality before Law – Applicability to Service Benefits – Supreme Court clarifies that Article 14 cannot be invoked to claim equal benefits between differently classified service cadres with distinct roles and promotional avenues – Reiterates that differentiation based on job requirements and service rules does not violate the right to equality under Article 14 – Appeal allowed, setting aside the orders of the Tribunal and High Court [Paras 8-10].

Decision – Appeal allowed – The Supreme Court dismissed the Original Applications filed by the respondents before the Tribunal, setting aside the orders of the Tribunal and the High Court – Held, technical personnel are not entitled to the benefits of advance increments upon acquiring a Ph.D. degree, as those benefits are specific to scientists under their service rules [Para 11].

Criminal Law – Consolidation of Sureties – Petitioner unable to furnish separate sureties for 11 FIRs across multiple states – Supreme Court orders consolidation of sureties, permitting the use of a single set of sureties in all cases within each state – Court emphasizes balance between the need for sureties and the protection of the petitioner's fundamental rights under Article 21 of the Constitution [Paras 1-33].

Excessive Bail Conditions – Proportionality and Reasonableness – Court rules that imposing excessive or onerous conditions for bail, which a petitioner cannot reasonably fulfill, effectively denies bail – Reaffirms principle that excessive bail is no bail at all [Paras 23-27].

Local Surety Requirements – Judicial Discretion – Court relieves petitioner from the requirement to provide local sureties, highlighting that such conditions could unjustly restrict liberty and noting that sureties from other states should suffice if they meet the required legal criteria [Para 27].

Fundamental Rights – Article 21 – Court underscores the need to protect the fundamental rights of the petitioner while ensuring the due process of law, advocating for reasonable and proportionate bail conditions [Para 24].

Decision: Writ petition allowed – Petitioner permitted to use consolidated sureties for bail in all FIRs within each respective state – Court sets aside the requirement for local sureties, allowing the same sureties to be used across all FIRs in the concerned states​.

Service Law – Entitlement to Pensionary Benefits – Appellants classified as temporary employees of the Special Frontier Force (SFF) under the Compulsory Saving Scheme Deposits (SSD) Fund challenged the denial of pensionary benefits under the 6th Central Pay Commission (CPC) – Tribunal and High Court rejected claims on the ground that the appellants were not government servants – Supreme Court set aside the judgments, holding that the appellants, despite being termed as temporary employees, demonstrated characteristics of regular government servants – Appellants were granted the same benefits as regular government employees, including pensionary benefits under the Revised Pay Scale Rules, 2008 [Paras 1-37].

Temporary Employment – Regularization and Benefits – The Court held that continuous service for over three decades under the government’s financial structure, receipt of increments, promotions, and alignment with government pay scales strongly indicated a formalized employee-employer relationship akin to permanent government employees – Denial of pensionary benefits solely based on the temporary status was held to be arbitrary and violative of Articles 14 and 16 of the Constitution of India – Directed respondents to extend the benefits of the 6th CPC to the appellants [Paras 22-34].

Decision – Appeal Allowed – Held – The appeal was allowed, setting aside the impugned judgment – Respondents directed to extend the benefits of the 6th CPC and pensionary benefits to the appellants as provided to their peers in the SFF Accounts Section [Paras 35-37].

Criminal Law – Quashing of Criminal Proceedings under IPC and Prevention of Corruption Act – Supreme Court remands matter to Division Bench of High Court – Challenge against Single Judge's decision quashing criminal proceedings arising from IPO fraud in Yes Bank and IDFC shares – CBI contends settlement with SEBI does not absolve criminal liability – Supreme Court finds procedural irregularity in hearing by Single Judge instead of Division Bench as per High Court rules – Proceedings ordered to be heard afresh by Division Bench [Paras 1-26].

Jurisdiction – Procedural Compliance in High Court – Supreme Court emphasizes proper jurisdiction under High Court rules – Single Judge's quashing of proceedings found to be irregular as per High Court's Part 1 Chapter I Rules – Case remanded for fresh hearing by Division Bench without influence from previous orders or observations – Interim stay on criminal proceedings granted pending High Court's decision [Paras 17-20, 23-26].

Decision – Appeal Allowed – Held – Supreme Court allows appeal, setting aside Single Judge’s order – Matter remanded to Division Bench for independent consideration on merits – Interim stay of trial court proceedings granted for four weeks – Direction issued for expeditious disposal within three months [Paras 24-26].

Criminal Law – Conviction under NDPS Act – Acquittal on Appeal – Appellant convicted under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly supplying a psychotropic substance, Fortwin injections, for illegal interstate transportation. High Court upheld the conviction; however, the Supreme Court found no admissible evidence linking the appellant to the conspiracy or the supply of the contraband. The appellant’s statement under Section 67 of the NDPS Act, relied upon by lower courts, was inadmissible based on the precedent set in Tofan Singh v. State of Tamil Nadu, and there was a lack of corroborating evidence. Appeal allowed, and appellant acquitted [Paras 1-14].

Evidence – Admissibility of Section 67 NDPS Act Statements – The Supreme Court reiterated that statements recorded under Section 67 of the NDPS Act are inadmissible as confessional statements for convicting an accused. The Court emphasized that without any other corroborating evidence or recovery of contraband from the appellant, the conviction could not be sustained. No proper charge of conspiracy under Section 29 was framed, and the essential elements of conspiracy were not proven [Paras 7-10].

Decision – Acquittal – Held – The appeal is allowed, and the appellant is acquitted of all charges. The lack of legal evidence and the inadmissibility of statements under Section 67 of the NDPS Act led to the setting aside of the conviction. The appellant's bail bonds were canceled as a result of the acquittal [Paras 11-15].