Service Law – Continuation of Departmental Proceedings After Retirement – Interpretation of Rule 10 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 – Civil Appeal against High Court order stopping departmental proceedings post-retirement – High Court held proceedings could not continue without pecuniary loss to the State – Supreme Court interprets Rule 10 to allow continuation for “grave misconduct or negligence” even without pecuniary loss – High Court’s order set aside, Tribunal’s order to proceed with departmental proceedings upheld. [Paras 1-7]

Continuation of Proceedings Post-Retirement – Analysis – Held – Departmental proceedings can proceed after retirement for grave misconduct or negligence during service, even if there is no pecuniary loss to the Government – High Court erred in its interpretation that proceedings could only continue for pecuniary loss. [Paras 5-6]

Decision – Interpretation of Rule 10 – Proceedings Allowed – Departmental proceedings against the respondent are permissible and to continue post-retirement for grave misconduct or negligence – Matter remanded to High Court for adjudication on merits. [Paras 6-7]

Civil Procedure - Jurisdiction of Civil Courts - Punjab Village Common Lands (Regulation) Act, 1961 - Applicability - Civil Appeal against High Court order dismissing suit for declaration and possession of Shamilat Patti Sayar land - High Court held civil suit not maintainable as the dispute pertains to shamilat deh land, falling under the exclusive jurisdiction of revenue authorities as per Sections 7 and 11 of the Act - Supreme Court upheld the High Court's decision, emphasizing the necessity of approaching the Collector for such disputes, not the Civil Court - Appeal dismissed. [Paras 7-10]

Possession and Ownership of Shamilat Land - Legal Framework - Analysis - Supreme Court analyzed the nature of Shamilat Patti Sayar land, which is common village land and cannot be individually owned or possessed - Highlighted provisions of the Punjab Village Common Lands (Regulation) Act, 1961, particularly Sections 7 and 13, which restrict civil court jurisdiction and vest authority in revenue officials - Reiterated the need to protect common village lands from being misappropriated as private property through collusive suits. [Paras 4-8]

Decision - Dismissal of Civil Suit - Supreme Court held the civil suit filed by the appellants for declaration and possession of the disputed land was not maintainable under the Punjab Village Common Lands (Regulation) Act, 1961 - Directed that grievances regarding possession of Shamilat deh land should be addressed before the appropriate revenue authorities - Civil Appeal dismissed with directions to approach the Collector as per statutory provisions. [Para 10]

Constitutional Law – Articles 14, 226, 39 – Allocation and Resumption of Public Land – Land allotted for educational purposes – Non-utilization – Resumption of land by State – Special leave petitions challenging the resumption of land by the State of Haryana, initially allotted to Raunaq Education Foundation for setting up an educational complex. The foundation failed to utilize the land as intended, leading to resumption by the State. The High Court and Single Judge found no merit in the foundation's contentions and upheld the State's decision. The Supreme Court dismissed the special leave petitions, affirming the resumption order. [Paras 1-14]

Public Interest – Use of Public Land – Failure to Comply with Conditions – Held – The foundation's failure to construct the educational complex and use the land for the intended public purpose justified the resumption. The Court found the foundation's proposal to construct a school for underprivileged children unconvincing, given its track record of non-compliance. [Para 10-14]

Decision – Dismissal of Special Leave Petitions – Court upheld the resumption of land, emphasizing the need for transparent and non-arbitrary allocation of public land, in accordance with constitutional mandates. The foundation's failure to fulfill its promises and the adverse impact on the village justified the resumption. [Paras 13-14]

Criminal Law - Dowry Death and Cruelty - Conviction under IPC and Dowry Prohibition Act - Criminal Appeal against High Court Order-Criminal appeal challenging the High Court's reversal of the trial court's acquittal. The High Court convicted the appellant under Sections 3, 4, and 6 of the Dowry Prohibition Act and Sections 498A and 304B IPC for dowry demands and cruelty leading to the suicide of his wife within a year of marriage. The Supreme Court upheld the High Court's decision, emphasizing the presumption of dowry death under Section 113B of the Evidence Act when cruelty is established soon before the death. [Paras 1-21]

Presumption of Dowry Death - Interpretation of Section 304B IPC and Section 113B Evidence Act -Reiterates that once the prosecution establishes the basic facts of dowry demand and cruelty, the presumption of dowry death under Section 113B is mandatory. The burden then shifts to the accused to rebut this presumption. The court found that the appellant's defense failed to provide credible evidence to counter the prosecution's case. [Paras 13-18]

Evidence and Witness Testimony - Evaluation and Credibility-Detailed analysis of witness testimonies, highlighting the consistency and credibility of the prosecution witnesses. The court dismissed the appellant's claims of false deposition and lack of dowry custom in their community, emphasizing the direct evidence of cruelty and dowry demands. [Paras 8-11, 19-20]

Decision - Upholding High Court's Conviction-The Supreme Court dismissed the appeal, affirming the High Court's conviction of the appellant for dowry death and related offenses. The trial court's acquittal was deemed perverse and based on conjecture and surmises, lacking proper appreciation of evidence. [Para 21]

Criminal Law – Conviction under Section 376(2)(g) IPC – Appeal against High Court’s affirmation of conviction and sentence – Prosecution established involvement of Om Prakash and Kartar Singh in gang rape – Sufficient evidence confirming the victim’s age below 16 years – Consent immaterial due to victim’s age – Convictions and sentences affirmed. [Paras 1-10]

Role of Accused in Abetment – Analysis – Conviction of Chhoti under Section 109 IPC upheld – Chhoti's act of luring the victim to her house facilitated the commission of rape by Om Prakash and Kartar Singh – Evidence supports intentional aiding – Conviction justified under third clause of Section 107 IPC. [Paras 11-15]

Delay in Lodging FIR – Explanation – Delay of 20 days in filing FIR justified by victim's minority and fear – Testimonies of the victim and her mother consistent and reliable – No adverse inference drawn from delay. [Paras 7-8]

Decision – Appeals Dismissed – Supreme Court upholds the conviction and sentences of Om Prakash and Kartar Singh for gang rape, and of Chhoti for abetment – Sentences deemed appropriate – Appellants to be taken into custody to serve remaining sentences. [Paras 16-17]

Criminal Law - Conviction Based on Circumstantial Evidence – Criminal Appeal challenging the appellant's conviction for murder under Sections 302 and 201 IPC – Alleged motive that the appellant wanted to hasten his inheritance from the deceased – High Court and Sessions Court convicted the appellant based on circumstantial evidence – Supreme Court examined the credibility of the evidence and circumstances, including medical opinions on the cause of death – Held that there was significant doubt about whether the death was due to smothering or cardiac arrest – Benefit of doubt granted to appellant – Conviction overturned. [Paras 1-25] Motive and Opportunity - Analysis of Evidence – Held – Supreme Court noted that the alleged motive, based on the appellant's unwillingness to marry a Christian woman as stipulated in the will, was insufficient to prove intent to murder – Consideration of the appellant’s role as a caretaker and beneficiary of the will, indicating a lack of clear motive – Critical examination of evidence recovery and the appellant’s conduct, which did not conclusively support the prosecution’s theory. [Para 19-27] Decision - Acquittal of Appellant – The appeal allowed and conviction set aside due to insufficiency of evidence and improper inference by the lower courts – Appellant acquitted and ordered to be released forthwith. [Para 34]

Criminal Law - Dowry Death - Conviction - Appeal Against Acquittal: The Supreme Court reversed the acquittal of the accused under Sections 304B and 498A IPC, and Sections 3, 4, and 6 of the Dowry Prohibition Act, observing that the High Court had erroneously discarded substantial evidence of dowry harassment and the unnatural death of the deceased. The Court restored the Trial Court’s conviction with modification, reducing the sentence under Section 304B IPC to seven years of rigorous imprisonment. [Paras 1-25]

Evidence Act - Dying Declaration - Assessment: The Supreme Court evaluated the reliability of conflicting dying declarations, finding the oral declarations made by the deceased to her family members more credible than the written declaration allegedly recorded by the Executive Magistrate. The credibility of evidence is paramount in determining the truth of the circumstances leading to death. [Paras 16-17]

Criminal Procedure - Section 313 - Accused's False Plea: The Court held that the false plea by the accused that they were unaware of the burn injuries inflicted on the deceased was an additional incriminating factor. The burden of explaining the circumstances of the incident, particularly within the accused’s knowledge, was not satisfactorily discharged by the respondents. [Para 20]

Investigation - Lapses - Impact on Prosecution Case: It was noted that defects in the investigation could not solely justify the acquittal of the accused when there was overwhelming evidence supporting the prosecution's case. The role of the Court is to discern the truth from the evidence presented. [Para 13]

Minor Discrepancies - Impact on Credibility: The Supreme Court emphasized that minor discrepancies regarding the details of dowry demands did not undermine the overall reliability of the prosecution's evidence. Consistent testimonies regarding dowry harassment and the deceased's circumstances were sufficient to uphold the charges. [Para 18]

Decision: The appeal was allowed, setting aside the High Court’s order of acquittal. The Trial Court's conviction was restored with the modification that the sentence under Section 304B IPC was reduced to seven years of rigorous imprisonment. [Paras 24-25]

Criminal Law - Powers of Special Judge - Summoning of Additional Accused - Criminal Appeal against High Court Order Quashing Issuance of Summons by Special Judge - Special Judge’s Power to Summon Additional Accused Post-Commitment and Pre-Trial Stage - Sections 193, 209, 319 of the CrPC - Supreme Court affirms that the Special Judge, akin to a Sessions Court, holds jurisdiction to summon individuals not named in the original chargesheet but whose complicity is revealed during the investigation. This power includes summoning those named in column 2 of the chargesheet prior to the evidence stage under Section 319. The High Court's reliance on a narrower interpretation was found to be erroneous. The order of the High Court was set aside, and the Special Judge’s order was restored. [Paras 19-20, 30-32]

Role of Special Judge in Preventing Miscarriage of Justice - Special Judge’s Authority - Legal Position - Analysis - Held - Constitution Bench’s View in Kishun Singh Followed - Misapplication by High Court Noted - Prevention of Deliberate Shielding of Offenders - The judgment reiterated the importance of the Special Judge’s role in ensuring all perpetrators are brought to trial. The High Court’s quashing of the order based on a restrictive reading of the law was reversed. The Special Judge’s actions to summon the additional accused were upheld to prevent the miscarriage of justice. [Paras 16-20, 28-30]

Decision - Restoration of Special Judge's Order Summoning Additional Accused - Directions to CBI - The Supreme Court quashed the High Court’s order, thereby restoring the Special Judge’s decision to summon additional accused. However, the direction for the CBI to register a case against its investigating officer was deemed unnecessary and was set aside. [Paras 31-32]

Criminal Law - Quashing of Criminal Complaint and Summoning Orders – Criminal Appeals against High Court order dismissing petitions to quash criminal complaints for conspiracy and forgery – Appellants public servants accused of fabricating documents to reject tender – Supreme Court examined if prior sanction under Section 197 CrPC was necessary and if the complaint constituted abuse of process – Held, public servants acting in discharge of official duties; sanction under Section 197 mandatory – Complaints found to be motivated, after unsuccessful civil litigation by respondent – High Court’s dismissal of petitions to quash complaints reversed; cognizance taken by Magistrate set aside. [Paras 1-20]

Prior Sanction for Prosecution of Public Servants – Applicability of Section 197 CrPC – Analysis – Held, offences alleged must be connected to discharge of official duties for sanction requirement – Supreme Court found allegations pertain to discharge of official duties; hence, prior sanction mandatory – Complaints deemed as afterthought following failed civil remedies – High Court’s contrary view incorrect. [Para 11-16]

Abuse of Process of Law – Conversion of Civil Dispute into Criminal Prosecution – Analysis – Held, filing criminal complaints after civil remedies exhausted constitutes abuse of process – Respondent’s actions motivated by failure in civil suits – Allegations of forgery unfounded and intended to pressurize appellants – Criminal proceedings quashed to prevent misuse of judicial process. [Para 17-20]

Decision – Quashing of Criminal Complaint and Summoning Orders – Appeals allowed; High Court order set aside – Magistrate’s order taking cognizance and summoning appellants quashed – Complaints dismissed – No order as to costs. [Para 20]