Service Archives - Page 39 of 85 - Supreme Court of India Judgements

October 25, 2025 4:36 pm

Constitution of India, 1950 – Articles 14 and 16 – Educational qualification is a valid ground for classification between persons of the same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution. HELD Separate eligibility conditions for promotion to supernumerary Assistant Engineers posts on the basis of educational qualification is in line with the past promotion practices of Kolkata Municipal Corporation and is not an unreasonable classification.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH CHANDAN BANERJEE AND OTHERS — Appellant Vs. KRISHNA PROSAD GHOSH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Service

Burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct – Allegations in the chargesheet that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them. It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of power of judicial review. HELD the order of punishment of dismissal passed as affirmed in appeal and revision stands restored – Appeal allowed.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. DALBIR SINGH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ ) Civil Appeal…

Service

Change of date of birth in service record – Application for change of date of birth can only be as per the relevant provisions/regulations applicable – Even if there is cogent evidence, the same cannot be claimed as a matter of right – Application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED — Appellant Vs. T.P. NATARAJA AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Service

Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – It is a fit case for modification of the relief granted by the High Court – It appropriate that ends of justice would be met by awarding lump sum monetary compensation and direct payment of lump sum compensation of Rs.15 lakhs to the respondent – Appeal partly allowed.

Sep 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALLAHABAD BANK AND OTHERS — Appellant Vs. KRISHAN PAL SINGH — Respondent ( Before : R. Subhash Reddy and Sanjiv Khanna, JJ. ) Civil…

Service

Service Law – Where the employer feels that an employee who at the initial stage itself has made a false statement and/or not disclosed the material facts and/or suppressed the material facts and therefore he cannot be continued in service because such an employee cannot be relied upon even in future, the employer cannot be forced to continue such an employee. The choice/option whether to continue or not to continue such an employee always must be given to the employer.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED AND ANOTHER — Appellant Vs. ANIL KANWARIYA — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Service

Compassionate Appointment – Therefore, even if it is assumed that the ‘divorced daughter’ may fall in the same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also the date on which the deceased employee died she – respondent herein was not the ‘divorced daughter’ as she obtained the divorce by mutual consent subsequent to the death of the deceased employee – Therefore, also the respondent shall not be eligible for the appointment on compassionate ground on the death of her mother and deceased employee.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR OF TREASURIES IN KARNATAKA AND ANOTHER — Appellant Vs. V. SOMYASHREE — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

Service

Service Law – Manipulated appointment – Fraudulent selection process – Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law – Workmen here, having hoodwinked the Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their illgotten advantage

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHALGORA AREA (NOW KUSTORE AREA) OF M/S BHARAT COKING COAL LIMITED — Appellant Vs. WORKMEN BEING REPRESENTED…

Service

Appellants have gone through the process of selection provided under the scheme of the Act 1973 regardless of the fact whether the post is temporary or permanent in nature, at least their appointment is substantive in character and could be made permanent as and when the post is permanently sanctioned by the competent authority – It can safely be held that the appellants became entitled to claim their appointment to be in substantive capacity against the permanent sanctioned post and become a member of the teaching faculty of the Central University under the Act 2009 – Appeal allowed.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOMESH THAPLIYAL AND ANOTHER ETC. — Appellant Vs. VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and…

Service

The purpose of verification of caste certificates by Scrutiny Committees is to avoid false and bogus claims – Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry – After conducting an inquiry and coming to a conclusion that Appellant belongs to Kailolan community and not to Valluvan community which is a Scheduled Caste – In view of the conclusion that the State Level Scrutiny Committee did not have the power to reopen the matter relating to the caste certificate – Appeal Allowed.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH J. CHITRA — Appellant Vs. DISTRICT COLLECTOR AND CHAIRMAN STATE LEVEL VIGILANCE COMMITTEE, TAMIL NADU AND OTHERS — Respondent ( Before : L. Nageswara…

Service

Principle of equal pay for equal work cannot be applied merely on basis of designation – Basic nature of work of a Stenographer remained by and large the same whether they were working for an officer in the Secretariat or for an officer in a subordinate office – absolute equality ought not to be given – If one may say, there would have been no requirement to make these separate recommendations if everyone was to be treated on parity on every aspect.

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANOJ KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ.…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: Service

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