Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Service Law – Dismissal from Service – Certain irregularities – Powers/Jurisdiction of Municipal Commissioner – Nature of Penalties – HELD per resolution the Commissioner was authorized to take action against any officer with regard to the lapses and/or negligence on the part of the officers in various works and purchases is concerned

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL COMMISSIONER, JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER — Appellant Vs. R.M. DOSHI — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. )…

Service Matters
Service

Order passed by the learned Single Judge as well as the impugned judgment and order passed by the Division Bench of the High Court directing to pay additional 2% in addition to the existing pay to the post of Assistant Executive Engineer (Electrical) from the date of their initial appointment is/are hereby quashed and set aside.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KARNATAKA POWER TRANSMISSION CORPORATION LIMITED AND OTHERS — Appellant Vs. SRI. B. G. MANAMOHANA PRIYANKA AND OTHERS — Respondent ( Before : M.R. Shah…

Service Matters
Service

Appointment to post of Sub Inspector of Police – Eligibility – Remanded to DB of HC that it will be open for the Division Bench to call for the expert’s opinion on the questions of which their answers were alleged to be incorrect for which the objections were raised so that if ultimately it is found that the answers with respect to some questions were incorrect and consequently, the marks are added and they may become eligible.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIT KUMAR SINGH AND OTHERS ETC. ETC. — Appellant Vs. THE STATE OF JHARKHAND AND OTHERS ETC. ETC. — Respondent ( Before : M.R.…

Service Matters
Service

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 – Rule 5(v) – Pension – after rendering of service as work charged for number of years and thereafter when their services have been regularized, they cannot be denied the pension on the ground that they have not completed the qualifying service for pension – That is why, the service rendered as work charged is to be counted and/or considered for the purpose of qualifying service for pension

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UDAY PRATAP THAKUR AND ANOTHER — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Service Matters
Service

HELD appellants had already got three promotions before they got themselves transferred to Kerala University. The salary drawn by them of the higher post was protected – special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. SASIKALA DEVI. P — Appellant Vs. THE STATE OF KERALA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service Matters
Service

By the very nature of the science that they practice and with the advancement of science and modern medical technology, the emergency duty that Allopathy doctors are capable of performing and the trauma care that they are capable of providing, cannot be performed by Ayurved doctors – both categories of doctors are certainly not performing equal work to be entitled to equal pay

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND OTHERS ETC. — Appellant Vs. DR. P. A. BHATT AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian and…

Service Matters
Service

Appellants are entitled to financial upgradation under the ACP Scheme on completion of requisite regular service ignoring the higher qualification prescribed for the next higher post as grant of such benefit is not actually a promotion but only financial upgradation and if the higher qualification is insisted it would frustrate the purpose of the entire scheme.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMRESH KUMAR SINGH AND OTHERS .ETC.ETC. — Appellant Vs. THE STATE OF BIHAR AND OTHERS .ETC.ETC. — Respondent ( Before : B.R. Gavai and…

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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