Supreme Court of India Judgements

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Service

Service Law – Leave encashment is part of the salary –

Bysclaw

Oct 9, 2022
Service Matters

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By sclaw

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Service

Interpretation of Statute and Notifications — ‘Any’ University does not mean only within the State — The phrase “in any State-aided University or College” in a notification extending retirement age was interpreted to include experience from universities or colleges outside the State of West Bengal. The court found that confining the benefit to experience within West Bengal had no rational nexus or object, making it artificial, discriminatory, and violative of equality principles.

Aug 1, 2025 sclaw
Service

Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.

Jul 29, 2025 sclaw
Pension Railways Act Service

Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.

Jul 20, 2025 sclaw

You missed

I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw
I P C

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Aug 1, 2025 sclaw
I P C

Criminal proceedings may be quashed if cheating or criminal breach of trust elements are absent, or if civil disputes are wrongly criminalized, amounting to abuse of process.- Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed.

Aug 1, 2025 sclaw
Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Delay in deciding disqualification petitions — Speaker’s duty to decide expeditiously — Held, Speaker is bound to decide disqualification petitions within a reasonable period.

Aug 1, 2025 sclaw