November 18, 2024 4:15 pm

Criterion of “seniority – cum – merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made

Bysclaw

Aug 1, 2021

Service Matters

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By sclaw

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The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw

Service Law — Seniority in government service should be determined as per the service rules, and the date of initial appointment should be the basis for determining seniority, unless the rules provide otherwise.

Oct 2, 2024 sclaw

Corruption Service

Prevention of Corruption Act, 1988 — Sections 13(1) and 13(1)(d) — The respondent, an Income Tax officer, was denied promotion due to pending criminal charges and a sealed cover procedure was adopted — Whether the mere grant of prosecution sanction constitutes pending criminal charges, justifying the sealed cover procedure — Petitioner argue that the prosecution sanction implies pending criminal charges, warranting the sealed cover procedure — Respondent states that no criminal charges were pending at the time of the DPC meeting, making the sealed cover procedure unjustified —The Supreme Court upheld the High Court’s decision, rejecting the sealed cover procedure as the charge sheet was filed after the DPC meeting —The prosecution for criminal charges is considered pending only after a charge sheet is issued — The appeal was dismissed, and the respondent was found fit for promotion.

Sep 29, 2024 sclaw

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Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw