Service Law – Promotion – Respondent's promotion withheld due to disciplinary action leading to 'censure' – Bank’s rules specify 'censure' as a minor penalty – Adoption of sealed cover procedure for respondent’s promotion due to pending disciplinary action – Supreme Court held that promotion recommendations in a sealed cover cannot be effected if a minor penalty like 'censure' is imposed [Paras 1-11].

Sealed Cover Procedure – Guidelines and Application – Circular No.118 of SBI specifies sealed cover for officers with pending disciplinary actions – Sealed cover not to be opened if disciplinary action results in minor penalties – Recommendations of selection committee kept in sealed cover to be considered only in next promotion cycle after conclusion of disciplinary proceedings [Paras 6-10].

Judicial Precedents – Supreme Court references to prior rulings affirming the principle that even minor penalties prevent implementation of sealed cover recommendations – Relevant cases cited include State of M.P. & Anr. vs. I. A. Qureshi and Union of India & Ors. vs. A.N. Mohanan, reinforcing the non-application of sealed cover outcomes if disciplinary penalties are imposed [Paras 8-9].

Decision: Appeal allowed – Impugned orders of the learned Single Judge and the Division Bench set aside – Promotion recommendations in sealed cover not to be implemented due to the minor penalty of 'censure' – Respondent to be considered for promotion in the next cycle as per bank’s rules [Paras 11-12].

Land Acquisition – Market Value – Sections 4 and 6 of the Land Acquisition Act, 1894 – Enhancement of compensation – Land acquired for housing project – Sale deed dated 11.01.1990 for small parcel (5 1/2 cent) considered for determining market value – Suitable deduction of 60% applied due to small size of the parcel – Market value determined at Rs. 1191 per cent after deduction [Paras 6-7].

Comparative Sales – Small Parcel of Land – Sale deed for small parcels can be considered in determining market value by applying suitable deductions – The deduction is necessary to account for the difference in value due to smaller size compared to larger parcels [Paras 7.2].

Judicial Review – High Court’s Assessment – The High Court reduced compensation without proper justification – Supreme Court re-evaluated compensation based on the sale deed and applied appropriate deductions [Paras 7.1, 7.2].

Decision: Appeal partly allowed – Compensation for the land acquired fixed at Rs. 1191 per cent with all statutory benefits under the Land Acquisition Act – High Court’s judgment modified accordingly – No order as to costs [Para 7.2].

Civil Procedure – Second Appeal – Section 100 CPC – Section 41 of the Punjab Courts Act, 1918 – Findings of fact – Jurisdiction – Second appellate jurisdiction under Section 41 of the Punjab Courts Act is limited to errors in law or procedure, not merely errors on questions of fact – High Court cannot interfere with findings of fact unless there is a legal or procedural error [Paras 13-14, 18].

Civil Procedure – Concurrent Findings – High Court’s interference – High Court's jurisdiction in second appeal does not extend to reappreciation of evidence or substitution of its own findings for those of the lower courts unless the findings are perverse or result from legal error – Concurrent findings of fact should generally be upheld [Paras 18-19].

Documentary Evidence – Registered Sale Deed – Credence given to registered documents over unregistered agreements – Findings of fact based on registered documents should not be lightly interfered with in second appeal [Para 9].

Decision: Appeal allowed – High Court’s judgment set aside – Concurrent findings of fact by the trial court and the first appellate court restored – No order as to costs [Para 19].

Constitutional Law – Recruitment – Articles 14 and 16 – Upper age limit – Rehbar-e-Taleem (Re-T) scheme – The scheme and advertisement specified 'as far as possible' the upper age limit as 35 years – High Court held this phrase to be directory – However, Supreme Court held that interpreting it as directory would give unbridled discretion to authorities – Provision relating to upper age limit must be mandatory to ensure uniformity and prevent arbitrary selections – Upper age limit of 35 years upheld [Paras 6-8].

Civil Procedure – Upper Age Limit – Advertisement for Re-T teachers – Words 'as far as possible' in age qualification are directory only in specific contexts where the structure of the rule supports flexibility – In this case, directory interpretation would violate Articles 14 and 16 of the Constitution – Uniformity in eligibility criteria for public posts necessary [Paras 7-8].

Judicial Review – Appointments – Continuation of Respondent No. 2 – High Court erred in directing both respondents' appointments for a single post – Directions to continue Respondent No. 2 set aside – State directed to accommodate Respondent No. 2 in another vacancy due to her long service [Paras 9-10].

Decision: Appeal disposed of – Directions of the High Court appointing both respondents set aside – Respondent No. 2 to be accommodated in another vacancy – No entitlement to benefits prior to fresh appointment other than already paid salary and allowances [Para 11].

Civil Procedure – Summons – Order 5 Rule 9(5) CPC – Summons sent by registered post returned with postal endorsement 'refusal' – Due service presumed – When a notice is sent by registered post and is returned with endorsements like 'refused' or 'not available in the house', due service is presumed – Defendant cannot seek setting aside of an ex-parte decree on this basis [Paras 19-20].

Civil Procedure – Ex-Parte Decree – Order 9 Rule 13 CPC – Application to set aside ex-parte decree – Summons served by registered post presumed served when returned with 'refusal' endorsement – Ex-parte decree passed after defendant’s refusal to accept summons – Application to set aside ex-parte decree rightly dismissed by lower courts – High Court's order allowing such application set aside [Paras 11, 21].

Service of Summons – Presumption of Service – Section 27 of the General Clauses Act, 1897 – Summons presumed served when sent to correct address and returned with endorsement 'refused' – Legal requirements fulfilled when summons returned with such endorsement [Para 19].

Decision: Appeal allowed – Orders of the High Court dated 21.04.2006 and 18.10.2019 set aside – Application under Order 9 Rule 13 CPC dismissed – No costs [Paras 20-22].

Criminal Law – Quashing of Non-Compoundable Offences – Sections 320 and 482 CrPC – Offences which are 'non-compoundable' cannot be compounded by a criminal court in purported exercise of its powers under Section 320 CrPC – The High Court, however, can invoke its inherent powers under Section 482 CrPC to quash such proceedings if it is to prevent abuse of the process of any court or to secure the ends of justice – High Court can consider the nature of the offence, the voluntary nature of the compromise, and the conduct of the accused [Paras 11-12].

Criminal Law – Inherent Powers of High Court – Section 482 CrPC – The inherent power to quash proceedings can be exercised where the offence is private in nature and does not have a serious impact on society – Offences involving moral turpitude or affecting the social fabric cannot be quashed based on a compromise [Paras 12-14].

Constitutional Law – Article 142 – Supreme Court's Plenary Powers – The Supreme Court's powers under Article 142 to do complete justice are not limited by statutory provisions and can be invoked to quash criminal proceedings where necessary – In the present cases, the Court invoked Article 142 to quash the proceedings given the personal nature of the offences and the voluntary settlement between the parties [Paras 16-19].

Decision Criminal Appeal No. 1489 of 2012: Appeal allowed – Criminal proceedings quashed based on the settlement between the parties – Appellants acquitted of all charges [Para 21].

Criminal Appeal No. 1488 of 2012: Appellants and complainant-victim directed to appear before the Chief Judicial Magistrate, Shimoga, to submit their settlement – If a genuine compromise is confirmed, the appeal will be deemed disposed of with appellants acquitted of all charges – If no settlement is recorded, the appeal stands dismissed [Para 22].

Service Law – Compassionate Appointment – Respondent's application for compassionate appointment delayed by the appellants – Respondent crossed the age of 50 years, making employment impractical – High Court awarded Rs.10 lakhs compensation – Supreme Court modified to Rs.5 lakhs due to delay caused by appellants [Paras 6-11].

Compensation for Delay – The delay in entertaining the application was attributed to the appellants – Respondent was eligible under the 1998 Scheme – Delay led to respondent being deprived of employment opportunity – Compensation awarded for the delay and deprivation of rights [Paras 9-11].

Decision: Appeal partly allowed – Compensation reduced to Rs.5 lakhs to be paid within four weeks – Failure to pay within stipulated time will attract interest at 9% per annum until actual payment – High Court’s judgment modified accordingly [Para 11].

Service Law – Retrospective Seniority – The High Court erroneously granted retrospective seniority to the respondent from 20.11.1985, a date when he was not borne in service – Respondent entered service only on 10.2.1996 following Supreme Court's direction – Jurisprudence in service law advises that retrospective seniority cannot be claimed from a date when an employee is not in service – Retrospective seniority impacts those who entered service earlier – Seniority benefit can only accrue post joining service [Paras 1-11].

Legal Precedent – Seniority Determination – The latecomers cannot overtake early entrants in the service – The Court's jurisdiction in seniority matters is limited unless there's a lack of bona fides or fairness by the competent authority – Established principles from precedents such as Shitla Prasad Shukla vs. State of UP and Ors. (1986), Ganga Vishan Gujrati And Ors. vs. State of Rajasthan and Ors. (2019), and Direct Recruit Class II Engineering Officers' Association v State of Maharashtra (1990) were applied [Paras 11-12].

Compassionate Appointment – The respondent was initially shortlisted for compassionate appointment but was denied due to not meeting physical standards – Appointed on Supreme Court's direction in 1996 without claims of retrospective effect – The respondent's later claim for seniority from 1985 was unjustified and delayed [Paras 2-10].

Decision: Appeal allowed – High Court's order granting retrospective seniority to the respondent set aside – Seniority to be counted from 10.2.1996, the actual date of joining service – No order as to costs [Para 15].

Consumer Protection – Deficiency in Service – Promised amenities not provided – Appellant failed to complete essential services in residential complex – National Commission partly allowed complaint, directed appellant to make systems operational – Appellant's appeal dismissed, and order modified for compensation payment instead of completing facilities [Paras 1-41].

Limitation – Objection to limitation overruled – Cause of action continued till services were rendered – Complaints filed within limitation period due to ongoing obligations [Paras 12-17].

Local Commissioner's Report – Reliance on independent architect's report – Findings showed incomplete and non-functional amenities – Appellant’s objections dismissed, report accepted by National Commission [Paras 18-26].

Compensation – Adequate monetary compensation awarded – Considering lapse of time and practicality, compensation substituted for physical completion of facilities – Rs. 60 lakhs with interest awarded in full settlement [Paras 28-32].

Decision – Appellant's appeal dismissed – Complainant's appeal partly allowed – Monetary compensation awarded in lieu of reliefs – Other reliefs denied due to lack of evidence or falling outside scope of National Commission [Paras 41-42].