Civil Law - Service Law - Uttaranchal Civil Services (Executive Branch) Rules 2005 - Rule 24(4) - Seniority of Promotees - Promotees initially appointed as Naib Tehsildars - promoted to Deputy Collector on ad hoc basis as stop-gap arrangement on 01.10.2007 - Direct recruits appointed in August 2009 - Promotees sought regular promotion from 01.10.2007, challenging later regularisation from 07.05.2012 - High Court partly allowed writ petition, directing State to determine if vacancies existed in promotee quota for 2007-08, and if so, grant benefit of regular appointment from 01.10.2007, noting State's failure to refer ad hoc appointments to Public Service Commission - State and direct recruits appealed challenging promotees' entitlement to count ad hoc service for seniority - Promotees filed cross-appeal seeking full relief - Supreme Court analyzed whether non-consultation with Commission invalidated ad hoc appointments and if promotees were within quota - Held - Requirement of consultation with Public Service Commission under Regulation 5(a) of 2003 Regulations and Rule 24(4) of 2005 Rules is directory, not mandatory - State cannot benefit from its own inaction in consulting Commission - Evidence showed 19 vacancies existed in promotee quota for 2007-08, thus promotees were within quota - Promotees entitled to regular appointment from 01.10.2007 and to count continuous ad hoc service for seniority - High Court judgment modified - Promotees' appeal allowed and other appeals dismissed - [Paras 1-9, 25-38].

Service Law - Public Service Commission - Uttaranchal Public Service Commission (Limitations of functions) Regulations 2003 - Regulation 5(a) - Consultation with Commission - Whether mandatory or directory - Regulation 5(a) requires consultation with Commission if temporary/officiating appointment continues beyond one year - Supreme Court applied principles from Manbodhan Lal Srivastava and Suraj Parkash Gupta - Held - Requirement of consultation is directory, not mandatory - Non-compliance due to State's inaction does not invalidate ad hoc appointments or disentitle employees to benefits - [Paras 26-32].

Service Law - Seniority - Uttaranchal Civil Services (Executive Branch) Rules 2005 - Rule 24(4) - Ad hoc service for seniority - Promotees appointed on ad hoc basis to higher post within promotee quota - Proviso to Rule 24(4) allows counting entire continuous officiating service if subsequently approved by Commission - Held - Promotees found to be appointed within their quota for relevant recruitment year - Entitled to count ad hoc service for seniority from initial appointment date - [Paras 33-36].

Decision: Civil Appeal No. 3071 of 2024 allowed - Civil Appeal No. 3070 of 2024, Civil Appeal No. 3072 of 2024 and Civil Appeal No. 4452 of 2024 dismissed - Promotees entitled to benefit of regular appointment on the post of Deputy Collector with effect from 01.10.2007 - State Government directed to issue a revised seniority list of Deputy Collectors within three months.

Headnotes:

Service Law - Consequential benefits - Rajasthan Judicial Service Rules 2010 - Rules 49 and 50 - Judicial Officer wrongfully discharged from service - Reinstated with continuity of service and seniority pursuant to Supreme Court judgment - Denied Selection Scale and Super Time Scale by High Court on administrative side due to absence of requisite Annual Confidential Reports for six of the preceding seven years - Supreme Court held that employer cannot take advantage of its own wrong of wrongfully dismissing an employee to deny service benefits - Non-availability of Annual Confidential Reports being solely attributable to the wrongful discharge - Entitlement to be assessed on the basis of available valid Annual Confidential Reports - Held - Judicial Officer entitled to Selection Scale w.e.f. 16.07.2018 and Super Time Scale w.e.f. 16.07.2021 along with 50% back wages - Miscellaneous application disposed of with directions - [Paras 1-46].

Service Law - Annual Confidential Reports - Rajasthan Judicial Service Rules 2010 - Rules 45 and 46 - Consideration for higher pay scales - Uncommunicated and post-discharge Annual Confidential Reports cannot be used to the prejudice of the employee - Valid Annual Confidential Reports for preceding years showing very good and good remarks to be considered - Held - High Court unjustified in denying scale on ground of short availability of entries - [Paras 25-42].

Decision: Miscellaneous application disposed of – Clarified that consequential benefits include grant of Selection Scale w.e.f. 16.07.2018 and Super Time Scale w.e.f. 16.07.2021 – Applicant directed to re-fix pay, revise consequential benefits, and disburse arrears factoring 50% back wages within three months – Registry to forward copy of judgment to all High Courts.

Criminal Law - Sentencing - Indian Penal Code 1860 - Sections 45 and 53 - Constitutionality of imprisonment for remainder of natural life - Petitioners convicted of capital offences and sentenced to death - High Courts or President of India via mercy petitions under Article 72 commuting death sentences to imprisonment for remainder of natural life - Petitioners arguing that IPC prescribes only death or life imprisonment and remainder of natural life sentence is unconstitutional - Supreme Court holding that a five-judge Bench in V Sriharan and a three-judge Bench in Swamy Shraddananda have authoritatively settled that life imprisonment means imprisonment for the rest of the life of the convict and that courts can create a special category of sentence beyond ordinary remission to avoid awarding the death penalty - Held - imprisonment for remainder of natural life is constitutional and valid - writ petitions dismissed - [Paras 1-18].

Constitutional Law - Clemency Powers - Constitution of India - Articles 72 and 161 - Judicial review of presidential pardon and remission - Petitioners seeking independent modification or judicial review of sentences already commuted by the President of India - Supreme Court holding that executive clemency powers are wide and independent and judicial review is strictly limited to narrow grounds such as mala fides or arbitrariness - Held - court cannot sit as an appellate authority over executive exercise of clemency powers - writ petitions dismissed - [Paras 3-7].

Constitutional Law - Fundamental Rights - Constitution of India - Article 32 - Maintainability of writ petition - Convicts challenging sentence and seeking direct recourse under Article 32 without approaching appropriate statutory or executive authorities for remission - Supreme Court holding that Article 32 cannot be used as a shortcut to circumvent established statutory and constitutional procedures - Held - petitions not maintainable where convicts have failed to invoke available statutory remedies or where executive powers have been validly exercised - [Paras 4-6].

Decision: Writ petitions dismissed - Pending applications disposed of - [Paras 1-18].

Civil Law - Property Law - Hindu Succession Act 1956 - Section 15 - Gift Deed - Appellant-plaintiff filed suit for declaration of title and recovery of possession of entire properties based on gift deed executed by her grandfather - Trial Court decreed suit - First Appellate Court and High Court reversed holding that properties originally belonged to grandfather's wife who died intestate and devolved upon her husband and daughter in equal shares under Section 15 of the Act of 1956 - Supreme Court held that undivided half share in hands of husband was his absolute property and he had every right to gift it without consent of co-sharer - but plaintiff claiming absolute ownership over entirety and failing to establish possession cannot obtain recovery of possession without partition by metes and bounds - Held - appeal allowed in part and judgments of Courts below set aside to the extent they held otherwise - [Paras 1-13].

Civil Law - Relief - Code of Civil Procedure 1908 - Order VII Rule 7 - Smaller relief - Discretion of Court - Plaintiff claiming absolute ownership of entire property based on gift deed - Court found she only had right over undivided half share - Held - Order VII Rule 7 authorizes Court to grant smaller relief than larger relief claimed if entitlement is made out on facts - but such discretion is not available when plaintiff sets up an altogether different case from what is established - [Paras 7-12].

Decision: Appeal allowed in part – Judgments and decrees of the Courts below set aside to the extent they held otherwise – Plaintiff left at liberty to seek partition by metes and bounds through appropriate proceedings – Parties to bear their own costs.

Civil Law - Excise Law - Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules 2002 - Rules 2(m), 14, 15 - Minimum Guaranteed Quota (MGQ) - Levy and penalty for non-performance of MGQ - Country liquor licensees were granted licences for 2006-07 and 2007-08 - Licensees fulfilled their annual MGQ but faced demand notices for penalties and interest due to shortfalls in lifting monthly MGQ, particularly in March 2008 - Penalties were adjusted from security deposits - High Court quashed the demand notices, holding that if a licensee fulfils their Annual MGQ, the State cannot penalise them for a shortfall in an isolated month by ignoring cumulative credit balance earned in prior months, and also noted authorities' failure to issue timely notices under Rule 14(c) - High Court rejected State's arguments on alternative remedy and estoppel - Supreme Court upheld High Court's judgment, finding High Court correctly interpreted Rules 14 and 15 and terms of Form 5-C licence - Held - The mode of performance insisted upon by the appellants through the impugned Demand Notice did not conform to the plain meaning of the statutory rules - the demand notices were not issued contemporaneously, which infirmities go to the root of the impugned demand - High Court rightly interfered with the demand notice - appeals dismissed - [Paras 1-15].

Civil Law - Excise Law - Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules 2002 - Rules 2(m), 14, 15 - Interpretation of licence conditions - MGQ - Dispute arose from short performance of monthly MGQ despite annual MGQ compliance - Held - A licensee is entitled to a credit balance for lifting excess liquor in a given month - the definition of 'licence fee' in Clause (m) of Rule 2 of the Rules 2002 does not support demanding a penalty for a monthly shortfall when the annual MGQ is met - insisting on strict adherence to monthly quota, especially when the annual quota is fulfilled, is not a correct interpretation - [Paras 12-14].

Civil Law - Procedural Law - Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules 2002 - Rule 14(c) - Issuance of notice - Penalty for monthly shortfall - Rule 14(c) mandates District Excise Officer to issue notice by 3rd day of next month for shortfalls, allowing licensee to replenish deficit within 10 days - Held - Retroactive demand notices issued well after the excise year had ended and annual quotas were fulfilled were deemed unreasonable and arbitrary, suffering from infirmities going to the root of the demand - [Paras 7B, 15].

Civil Law - Writ Law - U.P. Excise Act 1910 - Section 11(1) - Alternative remedy - Estoppel - State's arguments that licensees had an alternative statutory remedy of appeal and were barred by estoppel for accepting partial refunds of security deposits were rejected by High Court - Held - High Court rightly rejected argument of alternative remedy as initial recovery notices were directly triggered by Excise Commissioner's own circular, rendering an appeal to that same authority inappropriate - accepting a partial refund did not forfeit the right to challenge an illegal demand raised before the refund occurred - [Paras 7C, 7D].

Decision: Appeals dismissed – Impugned judgment of the High Court affirmed.

Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Appeal against High Court's order remitting murder acquittal for fresh consideration of evidence - Incident of 1988 where accused were acquitted of Qavi's murder - High Court previously upset acquittal without hearing accused, leading to remit by Supreme Court under CrPC Section 401(2) - On remand, High Court again remitted for fresh consideration of eyewitnesses, Section 27 recoveries, and chemical analysis, while upholding Trial Court's rejection of dying declarations - Supreme Court noted that the victim's brother had filed a criminal revision against acquittal, but post-2009 amendment to CrPC Section 372, a victim has a statutory right to appeal against acquittal, rendering revision not maintainable per CrPC Section 401(4) and (5) if not converted to an appeal - Considering the incident's age (1988) and protracted proceedings, Supreme Court itself re-appreciated the evidence - Found motive not proven, eyewitness testimonies (PW3, PW4, PW8) inconsistent and unreliable, doctors differing on conscious state of deceased, dying declarations not credible, scene of occurrence suspicious due to lack of seizures, and Section 27 recovery alone insufficient without other corroborating circumstances - Held - Prosecution failed to prove guilt beyond reasonable doubt - Trial Court's acquittal fortified the presumption of innocence - High Court's remit order unsustainable - Appeal allowed - [Paras 2-22].

Criminal Law - Criminal Procedure Code 1973 - Sections 372, 378, 401(2), 401(4), 401(5) - Revisional power of High Court - Victim's right to appeal against acquittal - Post 2009 amendment to CrPC Section 372, victim has statutory right to prefer an appeal against an order of acquittal - Such appeal does not require special leave unlike State appeals under CrPC Section 378(4) - When an appeal remedy is available, a revision at the instance of a party who has not availed of the appeal remedy is barred under CrPC Section 401(4) - High Court can, in the interest of justice, treat such a revision application as a petition of appeal under CrPC Section 401(5) - Held - Victim's revision against acquittal not maintainable where statutory appeal under Section 372 is available - [Paras 5-8].

Evidence Law - Dying Declaration - Indian Evidence Act 1872 - Reliability - Dying declarations purportedly made to brother (PW10) and father (PW5) differed on location and timing - Doctor (PW1) who first examined and admitted the deceased testified that the injured was unconscious and never regained consciousness - Another doctor (PW11) stated injured was conscious to give a dying declaration but saw him much later, and his testimony was suspicious and contradicted by PW1 - Post-mortem report indicated grievous internal injuries to lung and heart making a conscious and clear statement improbable - High Court also did not place credence on the dying declarations - Held - Dying declarations were not credible - [Paras 15-17, 19].

Evidence Law - Eyewitness Testimony - Indian Evidence Act 1872 - Reliability of chance witnesses - Eyewitnesses (PW3, PW4, PW8) were depicted as chance witnesses present at a public place - Their testimonies were inconsistent with each other, did not inspire confidence, and they failed to take the injured to the hospital or inform the police despite close proximity of police station - One witness (PW4) spoke of another witness (Ajaz) who was never examined by the prosecution - Delay in recording Section 161 CrPC statement of PW3 was unexplained - Held - Eyewitness testimonies were not trustworthy - [Paras 10, 12-14, 19].

Evidence Law - Recovery - Indian Evidence Act 1872 - Section 27 - Recovery of weapon - Weapon recovered under Section 27 of Evidence Act with human blood stains - Prosecution did not confront eyewitness with the recovered weapon - No connection of the recovered weapon to the crime proved for accused A4, as the human blood found was not indicated to be that of the deceased or the accused - Held - Section 27 recovery alone cannot lead to a conviction without other corroborating circumstances forming a complete chain of guilt - [Paras 11, 18, 20].

Criminal Law - Acquittal - Principles of appellate review - When a Trial Court hands down an acquittal, it fortifies the presumption of innocence available to an accused - An appellate court should not overturn an acquittal if the view taken in the order of acquittal is plausible, even if another view is possible - Benefit of any reasonable doubt arising must be conferred on the accused - Held - Acquittal by Trial Court should not be lightly interfered with without strong compelling reasons - [Para 21].

Decision: Appeal allowed – Order of the Trial Court restoring the acquittal is upheld – Accused acquitted – If in prison, they shall be released forthwith if not wanted in any other case – If on bail, their bail bonds shall stand cancelled.

Criminal Law - Quashing of criminal proceedings - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Indian Penal Code 1860 - Section 420 - Motor Vehicles Act 1988 - Sections 80(a) and 177 - Appellant apprehended while driving scooty with rear number plate covered by black mask - Police lodged FIR under Section 420 IPC and Section 80(a) MV Act alleging cheating and avoidance of traffic challans - Chargesheet filed and cognizance taken by Magistrate - High Court dismissed quashing petition holding prima facie case made out - Supreme Court allowed appeal noting essential ingredients of cheating under Section 420 IPC are absent and selective covering of rear plate while leaving front plate visible negates dishonest intention - Held - continuation of criminal proceedings amounts to abuse of process of law - impugned High Court order set aside and proceedings quashed subject to penalty under MV Act - [Paras 1-21].

Criminal Law - Cheating - Indian Penal Code 1860 - Section 420 - Essential ingredients - Dishonest intention - Inducement of a person and delivery or alteration of valuable property - Appellant driving with rear number plate covered - Police alleging speculation that offender could not be traced or challans avoided - Held - allegations even if taken at face value do not constitute the offence of cheating - [Paras 12-17].

Criminal Law - Statutory breach vs criminal offence - Motor Vehicles Act 1988 - Section 177 - Regulatory violation regarding number plate - Regulatory breach of obstructing number plate cannot be dressed as an offence of cheating under Section 420 IPC without establishing statutory ingredients - Held - quashing does not affect appellant liability to pay penalty under Section 177 MV Act - [Paras 16-19].

Decision: Appeal allowed - Impugned High Court judgment and order set aside - Proceedings arising out of FIR No.90/2020 and pending as C.C. No.7840/2020 stand quashed - Appellant directed to deposit penalty under Section 177 of the MV Act before the concerned authority within one month.

Constitutional Law - National Commission for Scheduled Castes - Constitution of India - Article 338 - Adjudicatory Powers - Respondent No.3 a Scheduled Caste employee was promoted as Stenographer Grade-I based on Office Memorandum dated 21st January 2002 - Subsequent High Court judgment quashed the 2002 OM - Appellant demoted Respondent No.3 notionally from Grade I to Grade II - NCSC received a representation from Respondent No.3 and issued an order dated 23rd October 2024 directing the appellant to give promotion as per reservation rules and pay arrears within 30 days - Appellant challenged this order - High Court upheld NCSC's order stating it did not exceed NCSC's powers - Supreme Court reversed the High Court decision - Held - NCSC's powers are investigatory and inquiry-oriented, with civil court powers limited to procedural aspects for evidence collection, not adjudicatory or for issuing mandatory directions for payment of arrears - [Paras 2-4, 8, 9, 14].

Constitutional Law - National Commission for Scheduled Castes - Constitution of India - Article 338 - Scope of Powers - NCSC established under Article 338 with duties under Clause 5 to investigate and inquire into deprivation of rights and safeguards for Scheduled Castes - Clause 8 grants NCSC powers of a civil court 'namely' for summoning, enforcing attendance, requiring discovery of documents, receiving evidence - This enumeration signifies a limited scope of procedural powers essential for investigation and inquiry - Such powers do not convert NCSC into a civil court with inherent adjudicatory authority to pass mandatory orders or grant injunctions - NCSC's role is recommendatory and advisory - Held - The High Court erred in holding that NCSC had power to issue directions for payment of arrears - [Paras 5, 7, 8, 9, 11-13].

Decision: Appeal allowed – High Court judgment set aside – Directions issued by the NCSC in its order dated 23rd October 2024 related to payment of arrears are declared contrary to the provisions of the Constitution and non-est in law.

Criminal Law - Police Remand and Custodial Interrogation - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 187 and 528 - Conditions for police custody - Respondent accused Police Inspector arrested in a custodial death case - Magistrate granted police custody but confined interrogation entirely to Central Prison and mandated continuous videography including during transit - Magistrate also barred any extension of custody beyond a fixed date - High Court retained most restrictions - Supreme Court held that confining interrogation to a prison frustrates the recovery of evidence under Section 23 of the Bharatiya Sakshya Adhiniyam 2023 - Absolute cap on extending custody is contrary to the staggered 15 day aggregate remand scheme under Section 187 of BNSS - Continuous videography of transit over 160 kms is unworkable - Allowed interrogation at SIT designated centre with CCTV coverage only for actual interrogation and discovery - Held - Impugned conditions modified to allow unhindered investigation while retaining constitutional safeguards - [Paras 10-22, 27].

Criminal Law - Right to Legal Representation - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 38 - Presence of advocate during interrogation - Lower courts permitted advocate to be present within sight at all times during police custody - State argued it impedes interrogation - Supreme Court analysed Section 38 BNSS which guarantees right to meet an advocate but not throughout the interrogation - Held - continuous physical presence of advocate for entirety of interrogation session is not contemplated by Section 38 BNSS - Advocate allowed to remain present within site to see the accused but barred from intervening in the investigation process - Held - Condition modified accordingly - [Paras 23-24, 27].

Criminal Law - Videography of Investigation - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 187 - CCTV and video recording of transit - High Court mandated every movement of accused from prison to Vijayawada be continuously videographed without interruption - Supreme Court found such direction unworkable in practice due to logistical constraints like battery network and road travel contingencies - Held - safeguard requires only actual questioning or interaction and process of discovery to be continuously and contemporaneously recorded - Uninterrupted videography of transit not mandated - Held - Condition set aside - [Paras 25, 27].

Decision: Appeal allowed – Impugned orders modified – Police custody granted for seven days from production with unrestricted access to the Investigating Officer – Interrogation permitted at SIT facility with CCTV coverage of actual questioning and discovery but transit videography dispensed with – Advocate permitted to be present within sight without intervening.