Compassionate Appointment – Scheme Implementation – The Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances, and Pensions, issued a scheme for compassionate appointment on 9th October 1998, allowing up to 5% of direct recruitment vacancies in Group 'C' or 'D' posts to be filled by such appointments. The scheme is intended to provide employment to dependent family members of government servants who die in harness or retire on medical grounds​​.

Quota Exceedance – Validity of Termination – Appellants terminated the services of candidates appointed under the compassionate scheme, citing excess over the 5% quota approved by the Screening Committee. The Tribunal and High Court ruled against the termination, emphasizing that appointments were made under the 1998 scheme and the subsequent instructions could not retrospectively affect vested rights​​.

Judicial Review – Policy and Administrative Decisions – Courts generally refrain from interfering with state policy decisions unless they violate constitutional mandates or fundamental rights. In this case, the High Court found the instructions limiting compassionate appointments to be frustrating the scheme's objective and invalidated the termination orders​​.

Policy Clarification – Need for Unambiguous Guidelines – The Court highlighted the necessity for the government to issue clear and unambiguous guidelines to avoid confusion and ensure fair implementation of the compassionate appointment scheme. The judgment emphasized that such appointments should prioritize socio-economic justice and not be affected by administrative discrepancies​​.

Decision: Appeals dismissed – Terminations based on quota exceedance invalidated – Appointments to be maintained – Government directed to issue comprehensive guidelines for future implementation of the compassionate appointment scheme without infringing vested rights​​.

Narcotic Drugs and Psychotropic Substances Act, 1985 – Non-compliance with Section 42 – Total and definite non-compliance with statutory provisions amounts to per se prejudice against the accused – The provisions of Section 42 are mandatory and must be strictly complied with – Substantial compliance is not sufficient where the statute requires definite compliance [Paras 16-23].

Evidentiary Doubt – Presence of Magistrate – Doubt cast on the presence of the Executive Magistrate at the time of recovery due to contradictory evidence from the driver of the official vehicle – The log book entries contradicted the Magistrate’s claim of being present at the scene – Prosecution failed to establish the presence of an independent witness, thereby casting doubt on the recovery process [Paras 25-27].

Doctrine of Repugnancy – Conflict Between State and Central Laws – Central law prevails in case of direct conflict, particularly in the context of procedural safeguards in criminal jurisprudence [Para 48].

Decision – Appeal allowed – Conviction set aside – Held – Non-compliance with mandatory provisions of the NDPS Act resulted in the acquittal of the accused – Appellant directed to be released forthwith [Paras 28-29].

Right to Information Act, 2005 – Non-compliance and Penalty – Appellant, designated as Public Information Officer, failed to provide information within the time specified under Section 7(1) – Appeal before State Information Commission resulted in direction for disciplinary action under Section 20(2) – Supreme Court emphasized adherence to principles of natural justice and proper reasoning in imposing penalties – Held that the Commission must grant a reasonable opportunity of being heard before recommending disciplinary action [Paras 25-32].

Principles of Natural Justice – Applicability in Quasi-Judicial Functions – The Commission’s powers akin to judicial functions necessitate strict compliance with natural justice principles – Requirement for reasoned decisions and opportunity to be heard – Orders passed without such compliance are liable to be set aside [Paras 17-24].

Decision – Appeal allowed – Held – Order of State Information Commission and judgment of the High Court set aside – Disciplinary action initiated against the Appellant to be withdrawn – Commission directed to decide the appeal on merits after granting a hearing to the Appellant [Paras 31-32].

Narcotic Drugs and Psychotropic Substances Act, 1985 – Compliance with Section 42 – The conviction of the appellant was challenged on grounds of non-compliance with mandatory provisions of Section 42 – Supreme Court emphasized the necessity of strict compliance with Section 42 to ensure fairness and prevent false implications – The officer must reduce the information into writing and inform the superior officer forthwith – In this case, the failure to comply with Section 42 vitiated the prosecution's case [Paras 18-22].

Principle of Retrospective Effect – Amendments to NDPS Act – The amended provisions cannot be applied retrospectively unless explicitly stated by the legislature – In the absence of such intent, the law as it existed at the time of the commission of the offense applies – Strict construction of penal statutes reiterated [Paras 14-16].

Decision – Appeal allowed – Held – Judgment of the High Court and Trial Court set aside – Appellant acquitted due to incurable illegality in the prosecution's case arising from non-compliance with mandatory provisions – Directions issued to all Director Generals of Police to ensure compliance with Section 42 of the NDPS Act [Paras 24-27].

Right to Renewal – District Government Counsel – The respondent’s renewal of term was refused without considering recommendations from the District Judge and District Magistrate – Supreme Court emphasized that government actions must not be arbitrary and must adhere to the procedural requirements outlined in the Legal Remembrancer's Manual – The rule allowing termination “without assigning any cause” cannot be interpreted to exclude the existence of a cause – The government must provide a reasoned decision to comply with principles of natural justice and Article 14 [Paras 8-15].

Application of Mind and Reasoned Decision – Non-speaking Orders – The impugned orders were set aside due to lack of reasoning and non-application of mind – The State must demonstrate that it acted in accordance with the prescribed procedure – Decisions without clear reasoning are arbitrary and violate the rule of law [Paras 17-19].

Decision – Appeals dismissed – Held – The government must reconsider the cases for renewal of the respondents in accordance with the procedures and criteria laid down in Paras 7.06 to 7.08 of the Legal Remembrancer's Manual – The reconsideration must be completed within three months [Paras 18-19].

Medical Facilities – Retired High Court Judges – Appeals against the High Court's direction to frame rules providing medical facilities for retired judges similar to those available to sitting judges – Supreme Court held that the High Court lacked jurisdiction to direct the state to frame specific rules – The power to grant medical facilities to retired judges is vested in the state government under Section 23D(2) of the High Court Judges (Salaries and Conditions of Service) Act, 1954 – Highlighted the need for uniform medical facilities across states for retired judges to ensure independence and impartiality of the judiciary [Paras 5-7, 26-30].

Independence of Judiciary – Constitutional Mandate – Discussed the constitutional provisions ensuring the independence of the judiciary – Emphasized the need for fair and reasonable service conditions for judges, free from executive influence – Highlighted the importance of providing adequate medical facilities to retired judges to uphold judicial independence [Paras 19-36].

Uniformity in Medical Benefits – Recommended that the central and state governments ensure uniform medical facilities for retired judges across the country – Suggested amendments to existing rules to place retired judges at par with sitting judges concerning medical benefits – Directed that medical bills of retired judges be processed by the Registrar General of the respective High Courts [Paras 37-41].

Decision – Appeals allowed in part – Held – Impugned orders of the High Court set aside – State governments recommended to consider extending uniform medical facilities to retired judges – Central and state governments directed to amend rules to provide equal medical benefits to retired and sitting judges [Paras 41-42].

Right to Information Act, 2005 – Disclosure of Interviewers’ Details – Respondent sought details including names and addresses of interviewers – BPSC refused citing Section 8(1)(g) and 8(1)(j) exemptions – Supreme Court held that disclosure could endanger the lives and physical safety of the interviewers – Emphasized the importance of maintaining confidentiality to protect examiners from potential harm and to ensure the effective discharge of their duties [Paras 9-30].

Exemption Clauses – Section 8(1)(g) and 8(1)(j) – Court discussed the scope of these exemptions, highlighting that information should not be disclosed if it endangers life, physical safety, or causes unwarranted invasion of privacy – The term ‘life’ includes broader aspects such as reputation and dignity, beyond mere physical safety [Paras 22-29].

Fiduciary Relationship – Examination Bodies – Court held that the BPSC does not hold a fiduciary relationship with the interviewers or candidates – Thus, exemption under Section 8(1)(e) was not applicable – Public authorities must balance the right to information with the need to protect individuals’ safety and privacy [Paras 25-26].

Decision – Appeal allowed – Held – BPSC is not required to disclose the names and addresses of the interviewers – High Court’s judgment set aside – Court stressed the necessity of safeguarding interviewers from potential risks associated with disclosure [Paras 30-31].

Contempt of Courts Act, 1971 – Wilful Disobedience – Contempt proceedings initiated due to non-compliance with court orders regarding the admission process to medical colleges – Supreme Court emphasized that contempt proceedings ensure compliance with court orders and adherence to the rule of law – Directions issued by the court are binding and must be obeyed strictly by all concerned parties [Paras 4-5, 23].

Apology and Wilful Disobedience – Contempt and Apology – The court discussed the nature and scope of an apology in contempt proceedings – An apology must be bona fide and tendered at an appropriate stage – The court highlighted that wilful disobedience and manipulation of the admission process cannot be mitigated merely by an apology, especially when it causes prejudice to others and undermines the authority of the court [Paras 6-8].

Decision – Contempt Proceedings – Held – Contemnors (Dr. S.L. Adile and members of the Selection Committee) were found guilty of manipulating the admission process and wilfully disobeying court orders – Punished with a fine of Rs. 2000 each, with an alternative of civil imprisonment for two weeks in case of default – Notice of contempt discharged for certain respondents with a warning to ensure future compliance with court directions [Paras 33].

Indian Penal Code, 1860 – Sections 302/149 – Common Object and Murder – The appellant was convicted for murder under Sections 302/149 IPC for his role in a dacoity leading to the death of Barindra Nath Mukherjee – The Supreme Court emphasized that the principle of constructive liability under Section 149 IPC is applicable and upheld the conviction based on the identification by eyewitnesses, including injured witnesses, despite discrepancies in the prosecution's case and the acquittal of other co-accused [Paras 10-15, 20-21, 24-25].

Hostile Witnesses – Admissibility of Evidence – The Court discussed the admissibility and value of the statements of hostile witnesses – It held that statements of witnesses who turn hostile are not inadmissible and can be relied upon to the extent they support the prosecution's case – The examination-in-chief of such witnesses can be used to corroborate other reliable evidence [Paras 14-16].

Doctrine of Constructive Liability – Applicability under Section 460 IPC – The Court examined the conviction under Section 460 IPC, highlighting the principle of constructive liability which holds every person jointly concerned in committing lurking house-trespass by night punishable where death or grievous hurt is caused – This liability applies irrespective of whether the common object or intention is established [Paras 27-29].

Decision – Appeal dismissed – Held – Conviction of the appellant under Sections 302/149 IPC upheld – The sentence of life imprisonment confirmed – The Court stressed the need for the State and Courts to ensure timely completion of trials, especially in heinous offenses [Paras 30-32].