Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Appointment of the appellant had been declared illegal and void ab initio, and was cancelled by the Director of Elementary Education, Assam, the appellant could not legally continue in service thereafter, unless that cancellation order was set aside. – No claim for payment of salary could be made for any period.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. DULU DEKA — Appellant Vs. STATE OF ASSAM AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil…

Service Matters
Service

A presumption ought to have been drawn in favour of the validity of the marriage between the deceased and the appellant-wife, more so, when during his life time, the deceased had approached the respondent authorities for seeking deletion of the name of his previous wife from his service record and for endorsement of the name of the appellant- wife, which was duly acted upon by the respondents – Pensionary benefits granted.

Aug 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. SHIRAMABAI W/O PUNDALIK BHAVE & OTHERS — Appellant Vs. THE CAPTAIN, RECORD OFFICER FOR O.I.C. RECORDS, SENA CORPS ABHILEKH, GAYA, BIHAR STATE AND…

Service Matters
Service

A writ of certiorari, being a high prerogative writ, should not be issued on mere asking – Supreme Court explained that a court which has jurisdiction over a subject matter has jurisdiction to decide wrong as well as right, and when the Legislature does not choose to confer a right of appeal against that decision, it would be defeating its purpose and policy if a superior court were to rehear the case on the evidence and substitute its own finding in certiorari

Aug 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCES & ANOTHER — Appellant Vs. BIKARTAN DAS AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Service Matters
Service

Jammu and Kashmir Civil Service Regulations, 1956 – Article 77­D – Claim for Pay Protection – High Court was erroneous when it came to the conclusion that the appellant was not appointed on a substantive basis and, therefore, she does not satisfy the criteria laid down by Article 77­D – Benefit of pay protection granted.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  ASMA SHAW — Appellant Vs. THE ISLAMIA COLLEGE OF SCIENCE AND COMMERCE SRINAGAR KASHMIR AND OTHERS — Respondent ( Before : Abhay S. Oka…

Service Matters
Service

Army Act, 1950 – Sections 39(b) and 63 – Dismissal from Service – Army driver – Unauthorizedly absent for 108 days – Habitual offender -One must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service – Order dismissal from Service upheld.

Jul 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EX SEPOY MADAN PRASAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Service Matters
Service

Re-instatement – Back wages – The appellant established unemployment at least until August 1997 – Based on the salary figures provided, the appellant’s gross salary on the date of reinstatement was Rs. 18,830, while it was approximately Rs. 4,000 per month at the time of removal – An amount of Rs.3 lakhs is ordered to be paid to the appellant in lieu of back wages.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHAND — Appellant Vs. MANAGEMENT OF DELHI TRANSPORT CORPORATION — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Service Matters
Compensation Service

Employees Compensation – Death in accident – Relationship of employer and employee has not been proved before the Commissioner – Same being the basic requirement to be fulfilled for claiming compensation under the Employees Compensation Act, 1923, the appellants may not be entitled to receive any compensation.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANTABAI ANANDA JAGTAP AND ANOTHER — Appellant Vs. JAYRAM GANPATI JAGTAP AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

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Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw