Service Archives - Page 33 of 84 - Supreme Court of India Judgements

July 7, 2025 7:59 am

Territorial Army Act, 1948 – Section 9 – Pension Regulations for the Army, 1961 – Regulations 292 and 173 – A member of the Territorial Army would be entitled to disability pension – A Right to Equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no choice or rather no meaningful choice,

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANI RAM — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

Service

Daily rated employees are not entitled to the Higher pay scale of Rs.950-1500 with all consequential benefits upon completion of 10 years of service and revised their pay scale as per 5th, 6th and 7th Pay Commission scales on such basis – As per the settled proposition of law the economic viability or the financial capacity of the employer is an important factor while fixing the wage structure,

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH PRAVINCHANDRA RAJYAGURU AND OTHERS — Appellant Vs. GUJARAT WATER SUPPLY & SEWERAGE BOARD AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Service

M P State Civil Services Rules, 2015 – Rule 4(3)(c)(1) and (2) – Appointment to post of the Chief Municipal Officer – If a candidate is selected in the main list on the basis of the higher priority of the post given by him in the preference sheet, the candidate will not be considered for the remaining post indicated in the preference sheet -The candidate concerned had applied without demur and also furnished a declaration with regard to correctness of details provided. He cannot thereafter turn around to seek alteration of the position to the detriment of others.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHYA PRADESH PUBLIC SERVICE COMMISSION — Appellant Vs. MANISH BAKAWALE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna,…

Service

Disciplinary proceeding – Procedure for imposing major penalties – Memorandum of charges -Allegations against the appellant are serious in nature and ought not to be scuttled on purely technical ground. But the Tribunal in the judgment which was set aside by the High Court had reserved liberty to issue a fresh memorandum of charges under Rule 14 of CCS (CCA) Rules, 1965 as per Rules laid down in the matter, if so advised. Thus, the department’s power to pursue the matter has been reserved and not foreclosed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNNY ABRAHAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) Civil…

Service

Appointment to NCC Constable – respondent No.1 did not produce the photocopy of the NCC ‘B’ certificate alongwith the original application as per the advertisement and the same was submitted after a period of three years from the cut-off date and that too after the physical test, he was not entitled to the additional five marks of the NCC ‘B’ certificate

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. MADHU KANT RANJAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service

Prosecution has failed to prove the charges under Sections 409, 420 and 477A IPC against the Appellant beyond reasonable doubt. As a necessary corollary thereto, his conviction under Section 13(2) read with Section 13(1)(d) of the PC Act can also not be sustained HELD standard of proof to establish a misconduct in a domestic enquiry i.e. even preponderance of evidence, is drastically different to those of proving a ‘criminal charge’ beyond any reasonable doubt Therefore not entitle him to initiate a second round of lis to seek his reinstatement or to claim other service benefits from the Bank.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Service

Uttar Pradesh Government Servants Seniority Rules, 1991 – Rule 5 and 8 – Challenge to seniority – It is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity – Non-joining of all the parties cannot be held to be fatal

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR SHUKLA AND OTHERS — Appellant Vs. ARVIND RAI AND OTHERS — Respondent ( Before : Dr. D.Y. Chandrachud, Vikram Nath and B.V.…

Service

Industrial Disputes Act, 1947 – Section 11A – Misconduct – Conductor not issue tickets to 17 passengers -The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings – Order of removal from service cannot be said to be unfair and unjust in any manner which would warrant an interference at the hands of the Tribunal and the High Court – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. GAJADHAR NATH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service

Service Law – Regularization of Ad-hoc employees – Seniority – employees qualified typing test at the later stage, in absence of the scheme of rules in determining seniority, at least could not have a right to march over such of the employees who were appointed on substantive basis after going through the process of selection for holding regular selection and their right of seniority in no manner be relegated qua such of the ad-hoc employees

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHYAM SUNDER OBEROI AND OTHERS — Appellant Vs. DISTRICT AND SESSION JUDGE TIS HAZARI COURT, DELHI AND OTHERS — Respondent ( Before : Ajay…

Service

Service Law – Back-wages – In the case of wrongful termination of service, reinstatement with continuity of service and back-wages is normal rule and the adjudicating authority to take into consideration the length of service of the employee, nature of misconduct, financial condition of the employer and similar other factors – High Court has correctly granted 50% of the back wages to the respondent.

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RAM BAHADUR YADAV — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw

Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw

Category: Service

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