Service Law -  Reserved Category Migration – Standing Orders 78 & 85 – Revised Directive No. 29 – DoPT OMs – Two Appeals – Reserved candidates who availed relaxation in age/physical measurements sought migration to UR vacancies – High Courts allowed – Held: Standing Order 85 (Clause 14(f)) bars such migration, overrides Standing Order 78 – DoPT OM does not treat physical standards (height/weight) as “relaxed standard” akin to age/qualification – Appeals decided accordingly – [Paras 8–19, 13–18 of second appeal].

RPF Ancillary Recruitment – Standing Order 85 Prevails – Appeal Allowed – Candidates who availed relaxation in age/physical standards cannot migrate to UR seats even if they scored higher than UR cut-off – Standing Order 85 (Clause 14(f)) partially modified Standing Order 78, creating embargo – HC erred in applying Jitendra Singh v. State of U.P. – Judgment set aside – [Paras 13–19].

CISF Assistant Commandant Recruitment – Physical Standards – Appeal Dismissed – DoPT OM dated 01.07.1998 bars migration only if relaxed standards in age, qualifications, experience etc. were availed – Does not cover physical standards like height/weight varying by gender/ethnicity – Reserved candidate with relaxed height still entitled to be counted against UR seat if merit higher – HC view upheld – [Paras 7–13].

Distinction – Relaxation in Age/Qualification vs. Physical Standards – Legal Principle – Relaxed standards in age/qualification/attempts are “eligibility relaxations” disqualifying migration – But differential physical standards are contextual and not covered under OM – Hence no embargo on migration in such cases – [Paras 12–13, 17–18].

Decision – Civil Appeal arising from SLP (C) No. 20866/2019 (RPF case) allowed – HC judgment dated 29.03.2019 set aside – Reserved candidates who availed relaxation barred from UR seats – Civil Appeal arising from SLP (C) No. 28469/2019 (CISF case) dismissed – HC judgment dated 27.08.2019 upheld – Reserved candidate availing relaxed height permitted to occupy UR seat – Pending applications disposed of – [Paras 19–20, 14].

Sanction for Prosecution – Section 197 CrPC – Issue of Sanction Deferred – High Court rightly held trial can proceed despite absence of sanction under Section 197 CrPC for IPC offences – Supreme Court upheld this view – Held: Question of sanction under Section 197 CrPC can be examined by the Trial Court depending on evidence led during trial [Paras 5–7].

Framing of Charges – PC Act vs IPC – Challenge Limited to IPC Offences – Petitioner accepted framing of charges under the Prevention of Corruption Act but contested IPC charges for want of sanction – Court permitted challenge before Trial Court and refused to interfere at SLP stage [Paras 3, 5, 7].

Trial Court Jurisdiction – Application for Exemption – Liberty Reserved – Supreme Court granted liberty to petitioner to approach Trial Court under Sections 205 and 317 CrPC (now Sections 228 and 355 BNSS) for exemption from personal appearance [Para 9].

Final Decision – Special Leave Petitions Disposed – High Court Order Not Interfered With – Liberty reserved to raise sanction and exemption issues before Trial Court – Pending applications also disposed of [Paras 8–11].

Motor Accident Claim – Compensation – Income Assessment – Appeal Allowed – Deceased with diploma in pharmacy engaged in distributorship and cooperative bank activities – Tribunal fixed monthly income at Rs.6,000/-, High Court reduced to Rs.5,500/- without reasons – Held: Unjustified – Considering overall circumstances, monthly income reasonably fixed at Rs.12,000/- – Compensation recalculated at Rs.20,80,000/- – [Paras 2–5, 6–7].

Assessment of Income – Incremental Approach – Following Ramachandrappa v. Royal Sundaram Alliance Insurance Co. (2011) 13 SCC 236, daily wagers earned Rs.4,500/- in 2004; by 2010 could earn Rs.7,500/- – Deceased with higher qualifications/business reasonably taken at Rs.12,000/- p.m. – [Paras 5–6].

Consortium – Wider Entitlement – As per Somwati, not just spouse but children and parents also entitled to consortium – Rs.40,000/- each awarded – [Para 6].

Decision – Appeal allowed – Compensation enhanced to Rs.20,80,000/- with 6% interest – Deduction of amounts already paid – To be disbursed as per Tribunal’s apportionment within 3 months – [Paras 7–8].

Industrial Disputes—Section 11A—Scope of interference by Tribunal—Domestic enquiry held fair—Tribunal cannot re-appreciate evidence as an appellate forum – Tribunal and High Court exceeded jurisdiction by re-evaluating evidence after the enquiry’s fairness had attained finality – Held: Interference impermissible when Disciplinary and Appellate Authorities’ findings are based on evidence and are not perverse [Paras 12, 39-41]

Service Law—Bank employees—Integrity and probity—Higher standard in banking sector – Supreme Court reiterates that absolute devotion, integrity and honesty are sine qua non for bank employees—Courts should be slow to dilute discipline in such cases [Para 38]

Departmental proceedings vs Criminal trial—Standards of proof—Acquittal in criminal case does not vitiate concluded departmental findings – Standard of proof differs—Subsequent criminal acquittal has no effect on earlier domestic enquiry or the punishment if enquiry was otherwise valid [Para 10]

Evidence in Disciplinary Enquiry—Non-examination of some witnesses—Admissions and documentary material – Where the record (including employee’s statements and contemporaneous bank documents) supports guilt, adequacy/reliability of evidence cannot be canvassed before Tribunal—Findings tested on preponderance of probabilities [Paras 16-19, 39]

Punishment—Compulsory retirement—Nature of consequences—Retiral benefits – Compulsory retirement does not deny gratuity and other pensionary benefits—which are denied only on dismissal—Tribunal’s view that reinstatement was necessary for retiral benefits is erroneous [Paras 40-41]

Decision Appeal Allowed – Orders of Tribunal and High Court set aside—Order of Disciplinary Authority imposing compulsory retirement affirmed—Respondent entitled to gratuity and other pensionary benefits as per law—Appeal disposed of [Paras 41-43]

Bail in UAPA Case – Continued Incarceration – Bail Granted – Accused facing charges under UAPA and IPC for alleged association with banned organization and money transactions – Appellant incarcerated for over 2 years and 7 months – Only 3 witnesses examined so far – Trial likely to be prolonged – Some co-accused already granted bail – Court finds overt act attributable to appellant not so grave to deny bail – Held: Bail granted with conditions imposed by Trial Court [Paras 3–8].

Trial Expeditiousness – Direction to Trial Court – Supreme Court directs Trial Court to conclude trial within one year considering prolonged incarceration and slow pace of trial [Para 10].

Consequences of Non-Cooperation – Conditions for Cancellation of Bail – Court grants liberty to prosecution to seek cancellation of bail if the appellant is involved in future illegal activity or does not cooperate in trial – Preventive safeguards added to balance liberty and security [Para 9].

Decision – Impugned order denying bail set aside – Appeal allowed – Bail granted to appellant subject to trial court’s terms and conditions [Paras 8, 11].

Criminal Appeal – Conviction for Trespass and Assault – IPC Ss. 447 & 323 – Acquittal – Appellants convicted by Trial Court and affirmed by High Court despite closure report finding land belonged to State – Complainant admitted prior enmity and gave only self-serving testimony corroborated by interested witnesses – Held: Prosecution evidence weak, no proof of ownership or possession by complainant, complaint a counterblast to proceedings under S.107 CrPC – Conviction unsustainable – Appeal allowed; appellants acquitted [Paras 6–10].

Probation of Offenders Act – Trial Court had granted probation under S.4 despite conviction – However, since conviction itself found unsustainable by Supreme Court, benefit of probation became redundant [Paras 2, 5, 10].

Appellate Scrutiny – High Court erred in mechanically affirming trial court findings without appreciating lack of independent corroboration and ignoring Investigating Officer’s closure report – Supreme Court intervened to prevent miscarriage of justice [Paras 7–8].

Decision – Appeal allowed; conviction and sentence set aside; appellants acquitted; bail bonds discharged [Para 10].

Property Law – Declaratory Relief – Section 34 Specific Relief Act – Appeal Dismissed – Plaintiff relied on sale deed (150 sq.m); trial and first appellate courts dismissed suit citing discrepancies in revenue records (109.70 sq.m) and manure/waste presence – High Court reversed, holding findings perverse – SC upheld High Court: mere dumping waste cannot establish possession; corrected revenue records support plaintiff’s title and possession – Appeal dismissed – [Paras 2–12, 14].

Declaratory Relief – Scope under Section 34 SRA – Even without explicit recovery claim, declaration maintainable where defendant fails to prove possession – Defendant’s oral partition claim unsupported by evidence – [Paras 6–12].

Revenue Records – Evidentiary Value – Corrections made before suit maintain sanctity unless disproved – Trial Court erred in doubting correction without evidence – [Paras 10–11].

Possession – Dumping Manure/Waste – Not Equivalent to Lawful Possession – Plaintiff’s title deed and evidence of vendor’s possession prevail over defendant’s assertions – [Paras 8–9, 12].

Decision – Appeal dismissed – High Court judgment affirming plaintiff’s ownership and possession upheld – Pending applications disposed of – [Paras 14–15].

Tenancy Law  – Karnataka Rent Act – Eviction – Landlord-Tenant Relationship Dispute – Sections 27(2)(a),(e),(g),(o) and 43 – Appeal Allowed – Landlord filed eviction; Rent Controller allowed based on rent receipts; HC reversed citing lack of proof of ownership – Held: Rent Controller rightly proceeded once rent receipts acknowledged; title dispute outside Rent Controller’s scope – HC exceeded revisional jurisdiction – Order of Rent Controller restored – [Paras 3–11].

Landlord-Tenant Relationship – Prima Facie Proof – Section 43 – Rent receipts signed by landlord serve as prima facie evidence of relationship – Once produced, Rent Controller must proceed with hearing – Only when no receipts/lease or documents are doubtful, parties must be relegated to civil court – [Paras 6–8].

Scope of Revisional Jurisdiction – High Court’s Interference Improper – Revisional Court cannot re-appreciate evidence or embark on fact-finding – High Court erred in rejecting jural relationship by questioning landlord’s lineage/title – [Paras 9–11].

Decision – Appeal allowed – Judgment of Karnataka High Court dated 31.03.2021 set aside – Order of Rent Controller dated 01.09.2017 directing eviction restored – Pending applications dismissed – [Para 11].

Negotiable Instruments Act – Limitation for Filing Complaint – Section 142(b) NI Act – Delay of Five Days – No Application for Condonation – Proceedings Quashed – Complaint under Section 138 filed beyond 30-day statutory period – Trial Court erroneously assumed filing was within limitation and issued summons; High Court upheld – Supreme Court held cognizance without considering limitation and condonation impermissible; filing of application with reasons for delay mandatory – Order issuing summons set aside; complaint quashed – Appeal allowed [Paras 6–9].

Condonation of Delay – Mandatory Requirement – Court clarified that even though proviso to Section 142 permits condonation, it is contingent upon complainant filing an application/affidavit disclosing reasons – Automatic or presumed condonation not permissible – Judicial duty requires recording satisfaction on sufficiency of reasons before taking cognizance [Paras 6–8].

Civil Proceedings – Independent Remedy – Court clarified dismissal of criminal complaint under NI Act would not prejudice pending civil proceedings for recovery of cheque amount [Para 10].

Decision – Appeal allowed – Summoning order and High Court judgment set aside – Criminal complaint quashed – Civil recovery proceedings unaffected [Paras 9–10].