Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Service Law – Charge of causing loss – Recovery – Whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the Enquiry Officer – Held, It is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH FOREST CORPORATION LUCKNOW AND OTHERS — Appellant Vs. VIJAY KUMAR YADAV AND ANOTHER — Respondent ( Before : M.R. Shah and B.V.…

Service Matters
Service

An employee could be said to be suffering from stagnation as per the office order only if he possessed the requisite qualification for the next higher post and was unable to get the higher post on account of non availability of such post – Claim of the respondents based on the office order, for getting the pay scale of the next higher post – without assuming the responsibilities of the said promotional posts, was thoroughly misconceived. What they were entitled to, as per the scheme to alleviate the stagnation as contained in the office,

Nov 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER — Appellant Vs. BAL KRISHAN SHARMA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and…

Service Matters
Service

Relaxation cannot be prayed as a matter of right – If a conscious decision is taken not to grant the relaxation, merely because Rule permits relaxation, no writ of mandamus can be issued directing the competent authority to grant relaxation in qualifying service – High Court has committed a grave error in issuing the writ of mandamus commanding the competent authority to grant relaxation in the qualifying service – Appeal allowed.

Nov 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND OTHERS — Appellant Vs. VIKASH KUMAR SINGH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ…

Service Matters
Service

Without commenting on the legality of the decision to discontinue the said provision in the pension scheme by the employer, as the pensioner was not alive on the date of discontinuance – It appropriate to pass necessary orders in her favor in this proceeding itself – Resultantly, the sum due and payable under the Pension scheme be computed and the same is ordered to be disbursed to the appellant – Amount earlier refunded to the appellant be adjusted suitably during the remittance process – Respondent/ employer should do the needful in terms of this order within 8 weeks – Appeal allowed.

Nov 21, 2021 sclaw

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

Service Matters
Service

Uttar Pradesh (Civil Police) Constable and Head Constable Rules, 2008 – Police Constables Recruitment – There is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process and majority of the candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. PANKAJ KUMAR — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

Service Matters
Service

Summary dismissal of an earlier petition under Article 32 of the Constitution does not bar the present writ petition on grounds of res judicata as there has been no substantive decision on the merits of the issues. HELD Court must be alive to the contemporary reality of “ambush Public Interest Litigations” and interpret the principles of res judicata or constructive res judicata in a manner which does not debar access to justice – Jurisdiction under Article 32 is a fundamental right in and of itself.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CONFEDERATION OF OFFICERS ASSOCIATION OF CENTRAL PUBLIC SECTOR ENTERPRISES AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before…

Service Matters
Service

Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of the employee and subsequent scheme cannot be looked into – Respondent shall not be entitled for appointment on compassionate ground on the basis of the subsequent circular/policy dated 31.08.2016 – Appeal allowed.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. ASHISH AWASTHI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Service Matters
Service

Service Code does not stipulate any time period within which the appeal may be preferred to the Board of Directors whose decision is to be final, but it is well settled that no time does not mean any time – Challenge to the order of dismissal from service by way of appeal was after four years and five months, which is certainly highly belated and beyond justifiable time – Without satisfactory explanation justifying the delay, it is difficult to hold that the appeal was preferred within a reasonable time – Order of dismissal uphold.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN, STATE BANK OF INDIA AND ANOTHER — Appellant Vs. M.J. JAMES — Respondent ( Before : L. Nageswara Rao and Sanjiv Khanna,…

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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