Civil Procedure - Pension Eligibility – Civil Appeal against High Court judgment dismissing the appellant's claim for retiral benefits – Appellant’s service in a non-governmental agency (Fish Farmers Development Agency) deemed non-qualifying for pension – Supreme Court reaffirms lower courts' findings – Held that the appellant’s service in the non-governmental agency cannot be counted for pensionary benefits as per Punjab Civil Services Rules, being a society under the Societies Registration Act, 1860 – Appeal dismissed. [Paras 1-16]

Service Law - Non-Governmental Service and Pension - Held – Appellant’s service in a non-governmental organization does not qualify for pension under government rules – Not entitled to pension for service before absorption into government department – Punjab & Haryana High Court’s decision denying retiral benefits upheld. [Para 7-9]

Negative Equality - Illegality and Article 14 – Supreme Court clarifies that Article 14 does not perpetuate illegality or confer entitlement to benefits based on wrongful or inadvertent grants in other cases – Reiterates principle of positive equality – Prior erroneous benefits do not justify similar relief for others. [Paras 11-15]

Decision – Appeal Dismissed – Court dismisses the appeal, denying retiral benefits to the appellant for his service in the Fish Farmers Development Agency, holding that such service cannot be considered for pensionary benefits – No costs ordered. [Para 16]

Referred Cases:

Basawaraj and Others v. The Spl. Land Acquisition Officer, AIR 2014 SC 746

The District Collector, Srikakulam and Others v. Bagathi Krishna Rao and Another, AIR 2010 SC 2617

Fuljit Kaur v. State of Punjab and Others, (2010) 6 JT 210

Udit Narain Singh Malpaharia v. Additional Member, Board of Revenue, Bihar, AIR 1963 SC 786

Chandigarh Administration and another v. Jagjit Singh and another, AIR 1995 SC 705

Chief Conservator of Forests, Govt. of A.P. v. The Collector and Others, AIR 2003 SC 1805

K.K. Bhalla v. State of M.P. and Others, AIR 2006 SC 898

Shri Ranjeet Mal v. General Manager, Northern Railway, Baroda House, New Delhi and Another, AIR 1977 SC 1701

Anand Buttons Ltd. v. State of Haryana and Others, AIR 2005 SC 565

Mining Law - Environmental and Forest Clearances - Interim Order for Suspension of Mining Operations - Held: Supreme Court directs suspension of mining operations for 102 leases lacking requisite environmental clearances, approvals under the Forest (Conservation) Act, 1980, approved Mining Plan, or Consent to Operate. Lessees granted liberty to obtain necessary clearances and seek modification of the interim order. [Paras 1-3]

Mining Lease Renewals - Deemed Renewal Provisions - Interpretation of Rule 24A(6) of Mineral Concession Rules, 1960 - Held: Supreme Court finds deemed renewal under Rule 24A(6) inapplicable for second and subsequent renewals without express orders of renewal by the State Government in terms of Section 8(3) of the Mines and Minerals (Development and Regulation) Act, 1957. Operations of 26 such leases suspended until express orders are passed by the State Government. [Paras 6-7, 10]

Government Accountability - Timely Disposal of Renewal Applications - Directive to State Government - Held: State Government directed to dispose of all renewal applications under Section 8(3) within six months. Priority given to leases for captive mining. [Paras 9-10]

Decision - Interim Measure for Mining Lease Operations - Interim orders for suspension of non-compliant mining operations and time-bound directions for renewal applications issued to ensure compliance with statutory provisions and environmental norms. [Paras 3-4, 10]

Referred Cases:

Goa Foundation v. Union of India, Writ Petition (C) No. 435 of 2012 (Judgment dated 21.4.2014)

Public Interest Litigation (PIL) - Hate Speech during Election Campaigns - Scope and Jurisdiction of Supreme Court -Petition sought directives to Election Commission to take action against political leaders for hate speeches and to protect public and election staff. The Supreme Court emphasized that PILs initially aimed to protect underprivileged and vulnerable sections of society. Expanding this scope to monitor election speeches through PILs was deemed beyond the constitutional parameters. Held: The Court declined to intervene, noting existing laws address such issues, and stressed the role of the Election Commission and other legal forums in handling election-related disputes. [Paras 1-12]

Article 32 and Judicial Overreach - Analysis -The petitioner, citing fundamental rights violations, requested the Court to create new legal remedies for hate speech during elections. The Court, however, reiterated its restrained role under Article 32, emphasizing that legislative action is necessary for such regulatory measures. The absence of an immediate legislative framework does not justify judicial overreach in the context of election-related hate speech. [Paras 4-10]

Decision - Dismissal of Writ Petition -The writ petition was dismissed in limine. The Court underscored that matters related to hate speech during election campaigns should be addressed by existing legal mechanisms and through appropriate legislative action rather than by judicial mandates in PILs. [Para 12-13]

Referred Cases:

Vishaka and others Vs. State of Rajasthan and Others, AIR 1997 SC 3011

Smt. Nilabati Behera alias Lalita Behera Vs. State of Orissa and others, (1993) 2 SCC 746

Union of India (UOI) and Another Vs. Raghubir Singh (Dead) by Lrs. Etc., AIR 1989 SC 1933

Manohar Joshi Vs. Nitin Bhaurao Patil and Another, AIR 1996 SC 796

M.C. Mehta and another Vs. Union of India and others, AIR 1987 SC 1086

Kanu Sanyal Vs. District Magistrate, Darjeeling and Others, AIR 1973 SC 2684

Daryao and Others Vs. The State of U.P. and Others, AIR 1961 SC 1457

The State of Bihar Vs. Maharajadhiraja Sir Kameshwar Singh of Darbhanga and Others, (1952) 1 SCR 889

Pravasi Bhalai Sangathan Vs. Union of India (UOI) and Others, AIR 2014 SC 1591

Prof. Ramchandra G. Kapse Vs. Haribansh Ramakbal Singh, AIR 1996 SC 817

Nand Kishore Vs. State of Punjab, (1995) 6 SCC 614

Election Law - Improper Rejection of Nomination Papers – Appeal against High Court decision invalidating election on grounds of improper rejection of nomination papers – Respondent's nomination rejected due to failure to file the electoral roll as required under Section 33(5) of the Representation of the People Act, 1951 – High Court held rejection invalid, leading to annulment of appellant's election – Supreme Court emphasized legislative intent that improper rejection of a nomination paper mandates voiding of the election without further proof of material impact – Held, High Court erred in fact and law as the nomination paper was rightly rejected due to non-compliance with statutory requirements - Election of appellant upheld. [Paras 1-17]

Nomination Paper Rejection - Section 33(5) Compliance - Held - Nomination papers must be accompanied by the relevant electoral roll or certified copy thereof - Evidence showed respondent failed to file the latest electoral roll as required - Absence during scrutiny also noted - High Court’s conclusion of improper rejection based on erroneous facts and legal interpretation. [Para 15]

Decision - Election Validity and Remuneration - High Court judgment set aside - Appellant’s election declared valid - Directed appellant to receive full remuneration for the elected term. [Paras 16-17]

Referred Cases: Kirpal Singh, M.L.A. v. Uttam Singh and Another, AIR 1986 SC 300 Mahadeo v. Babu Udai Pratap Singh and Others, AIR 1966 SC 824 B. Dandapani Patra v. The Returning Officer-cum Sub-divisional Officer and Others, (1990) 1 SCC 505 Surendra Nath Khosla v. Dalip Singh, AIR 1957 SC 242 Ranjit Singh v. Pritam Singh (1996) 3 SCR 543

Service Law - Dismissal without Inquiry – Article 311(2)(b) of the Constitution of India – Challenge to the order of dismissal of police officer without inquiry due to alleged corruption in a sting operation – Non-ascription of reasons for dispensing with inquiry – Supreme Court rules that the order is vitiated due to lack of reasons – Order of dismissal and High Court judgment confirming the dismissal quashed – Appellant reinstated with consequential benefits – Authorities permitted to initiate disciplinary proceedings if advised, but with a limitation period exclusion for court-pending duration – Held, dispensing with inquiry without valid reasons invalidates dismissal.

Disciplinary Proceedings - Requirement of Reasons – Held – In absence of reasons justifying the impracticability of holding an inquiry under Article 311(2)(b), the order of dismissal is not sustainable in law – Reference to Tulsiram Patel case emphasizing that the decision must be based on objective facts and not on the discretion or caprice of the authority. [Para 6-8]

Decision – Setting Aside of Dismissal – The Supreme Court quashes the order of dismissal and the High Court's concurrence with it – Appellant to be reinstated with all consequential benefits up to the date of superannuation – Provision for initiation of disciplinary proceedings clarified. [Para 10-11]

Referred Cases:

Reena Rani v. State of Haryana and Others, (2012) 10 SCC 215

Jaswant Singh v. State of Punjab and Others, (1991) 1 SCC 362

Union of India and Another v. Tulsiram Patel and Others, (1985) 3 SCC 398

Service Law - Dismissal Post-Conviction - Criminal Appeal against High Court's reversal of State Administrative Tribunal's decision upholding dismissal - Respondent convicted under Prevention of Corruption Act - High Court suspended sentence but did not stay conviction - Department dismissed respondent invoking Rule 25(1) of Andhra Pradesh Civil Services Rules - Supreme Court examines legality of dismissal amidst suspension of sentence. Held that suspension of sentence does not nullify conviction - Dismissal upheld. [Paras 1-12]

Interpretation of Rule 25(1) and Article 311(2) - Analysis - Held - Distinction between suspension of sentence and stay of conviction elucidated - Rule 25(1) allows dismissal based on conviction irrespective of sentence suspension - Conviction implies misconduct under Rule 25(1), warranting dismissal. High Court erred in interpreting suspension of sentence as equivalent to stay of conviction. [Paras 7-11]

Decision - Dismissal of Government Servant Upheld - Appeal allowed - High Court order set aside - Tribunal's decision reinstated - Respondent's dismissal affirmed as compliant with Rule 25(1) of Andhra Pradesh Civil Services Rules, given the sustained conviction. [Paras 12]

Referred Cases:

K.C. Sareen Vs. C.B.I., Chandigarh, AIR 2001 SC 3320

Deputy Director of Collegiate Education (Administration), Madras Vs. S. Nagoor Meera, AIR 1995 SC 1364

Shankar Dass Vs. Union of India and Another, AIR 1985 SC 772

Union of India and Another Vs. Tulsiram Patel and Others, AIR 1985 SC 1416

Rama Narang Vs. Ramesh Narang and Others, (1995) 2 SCC 513

Civil Procedure - Receiver's Authority to File Suit - Interpretation of Order 40 Rule 1 CPC - Section 503 CPC - Appeal challenging Receiver's eviction suit without prior court leave - Held, Receiver acting under Order 40 Rule 1(d) CPC can institute suit for recovery of possession for preservation of estate - Court's permission, though preferable, not mandatory if suit is pending - Appeal dismissed. [Paras 10-16]

Transfer of Property Act - Notice for Termination of Tenancy - Section 106(3) - Notice validity challenged - Notice under Section 106 issued by Receiver, followed by suit after six months - Held, notice valid as per Section 106(3) despite initial period shortfall - Appeal dismissed. [Paras 16-17]

Trust Property Management - Receiver's Actions - Challenge to Receiver's eviction suit for trustees' non-joinder - Receiver appointed to manage property, acted prudently for estate's benefit - Held, actions within Receiver's powers, appeal dismissed. [Paras 17-19]

Sick Industrial Companies Act - Impact on Eviction Proceedings - Appellant declared sick under SICA - Contention not raised in High Court, not relevant for residential tenancy - Held, appeal dismissed. [Para 18]

Decision- Appeal Dismissed - Court affirms the authority of the Receiver under Order 40 Rule 1(d) CPC to file suit for possession without prior court leave if it is for estate preservation and notice under Section 106 of the Transfer of Property Act is valid if suit is filed after six months.

Referred Cases:

Maharana Kunwar Vs. E.V. David and Others, (1924) ILR (All) 16

Ram Ranjan Chakravarti Vs. A.B. Miller, (1884) ILR (Cal) 1014

C.T. Davis and Others Vs. Drobomoyi Gupta and Others, (1887) ILR (Cal) 323

Anthony C. Leo Vs. Nandlal Bal Krishnan and others, (1996) 8 AD 494

Kurapati Venkata Mallayya and Another Vs. Thondepu Ramaswami and Co. and Another, AIR 1964 SC 818

Balkrishan Gupta and Others Vs. Swadeshi Polytex Ltd. and Another, AIR 1985 SC 520

Everest Coal Company (P) Ltd. Vs. State of Bihar and Others, AIR 1977 SC 2304

Krishna Kumar Khemka Vs. Grindlays Bank P.L.C. and others, AIR 1991 SC 899

Harinagar Sugar Mills Ltd. Vs. M.W. Pradhan, AIR 1966 SC 1707

J.C. Macgregor Vs. Huri Dass Kundu, (1891) ILR (Cal) 477

W.R. Fink Vs. Buldeo Dass and Others, (1899) ILR (Cal) 715

Shantaram Hirachand Danez Vs. Narayan Bapusa Fulpagar, AIR 1999 Bom 16

Shyam Lal Gomatwala Vs. Nand Lal and Others, AIR 1944 All 220

Central Excise - Valuation of Goods - Assessment of Excise Duty – Appeal against the High Court order which set aside show-cause notices for short payment of excise duty – The show-cause notices were issued for the period 1982 to 1985 alleging under-assessment due to non-inclusion of freight, dealer's margin, and other expenses in the assessable value – The High Court held that the department was not justified in demanding excise duty based on the higher price at which goods were sold from depots. [Para 9-14]

Valuation Rules - Inclusion of Charges - Held – The Supreme Court emphasized the need to consider transportation cost, dealer’s margin, after-sales services, and other related expenses in the assessable value as per the Central Excise (Valuation) Rules, 1975 – The Court referred to the interpretation of Section 4 as per prior judgments, confirming that the price at which goods are sold from depots should include these additional charges for accurate duty assessment. [Para 15-18]

Show-cause Notices – Justification – Held – The issuance of show-cause notices by the competent authority under Section 11A of the Act was justified – The Supreme Court directed the remittance of the case to the competent authority to allow the assessee to present evidence supporting their valuation claims and for proper assessment under the law. [Para 19-20]

Decision – Appeal Allowed – The Supreme Court set aside the High Court judgment and remitted the case to the competent authority for reassessment – The Assessee was given the liberty to forward a copy of each show-cause reply and produce relevant evidence within four weeks. [Para 21]

Referred Cases: Assistant Collector of Central Excise and Others v. Madras Rubber Factory Ltd., AIR 1987 SC 701 Union of India (UOI) and Others v. Bombay Tyre International Ltd., AIR 1984 SC 420 Collector of Central Excise, Madras v. Indian Oxygen Ltd., AIR 1988 SC 1873 A.K. Roy and Another v. Voltas Limited, AIR 1973 SC 225

Constitutional Law – Legislative Competence – Jurisdictional Conflict between Central and State Acts:

Held – The 1951 and 1958 Acts govern ancient monuments of national importance declared by the Central Government. However, the Kundalpur Jain Temples, including the Bade Baba Temple, were never declared as monuments of national importance under these Acts. Instead, the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964, which received Presidential assent, applies. Therefore, the ASI does not have jurisdiction over these temples. The High Court’s direction for the Trust to seek permission from the State Government under the 1964 Act is upheld. [Paras 1-47]

Ancient Monuments – Preservation and Construction – Role of Religious Agamas:

Held – The Jain Temple Trust's construction activities at the Bade Baba Temple were necessary due to the dilapidated state of the existing structure. The construction aligns with the Jain Agamas and Nagara architectural style, which are integral to Jain religious practices. The removal and reinstallation of the Bade Baba idol were carried out with appropriate religious ceremonies. The High Court’s directive to the Trust to seek permission from the State Government for new construction, ensuring it respects both archaeological preservation and religious practices, is affirmed. [Paras 48-58]

Decision:

The appeals are dismissed, upholding the High Court's judgment directing the Trust to submit an application to the State Government for permission to raise construction. The State Government is instructed to consider the application within two months, taking into account the cultural and religious significance of the structures. [Paras 59]

Referred Cases:

Venkatachala Mudaliar Vs. Sambasiva Mudaliar and Others, AIR 1927 Mad 465

Rajeev Mankotia Vs. Secretary to the President of India and others, AIR 1997 SC 2766

Narayan Bhagwantrao Gosavi Balajiwale Vs. Gopal Vinayak Gosavi and Others, AIR 1960 SC 100

Archaeological Survey of India and Others Vs. Narender Anand and Another, (2012) 2 SCC 562

Seshammal and Others, Vs. State of Tamil Nadu, AIR 1972 SC 1586

Josep Pothen Vs. State of Kerala, AIR 1965 SC 1514

Karnataka Board of Wakf Vs. Government of India and Others, (2004) 10 SCC 779