Service Archives - Page 4 of 91 - Supreme Court of India Judgements

May 31, 2026 1:43 am

Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.

Mar 22, 2026 sclaw

2026 INSC 266 SUPREME COURT OF INDIA DIVISION BENCH VIRINDER PAL SINGH Vs. PUNJAB AND SIND BANK AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )…

Service

Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment

Mar 21, 2026 sclaw

2026 INSC 263 SUPREME COURT OF INDIA DIVISION BENCH THE MANAGEMENT OF STEEL AUTHORITY OF INDIA AND OTHERS Vs. SHAMBHU PRASAD SINGH AND OTHERS ( Before : Pankaj Mithal and…

Service

Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.

Mar 21, 2026 sclaw

2026 INSC 266 SUPREME COURT OF INDIA DIVISION BENCH VIRINDER PAL SINGH Vs. PUNJAB AND SIND BANK AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )…

Service

Recruitment Rules — Interpretation of — Anganwadi Workers applying for Supervisor posts — Eligibility and quota for graduates vs. SSLC holders — Amendment to rules increasing quota for Anganwadi Workers and earmarking a portion for graduates — Whether graduates are excluded from the general quota for Anganwadi Workers with SSLC and 10 years’ experience — Supreme Court held that the amendment did not exclude graduate Anganwadi Workers from applying for the 29% vacancies available to Anganwadi Workers with SSLC and 10 years’ experience — The 11% quota for graduates was carved out from the open recruitment quota, not from the existing quota for Anganwadi Workers with SSLC and experience — The selection process did not give any weightage to graduates, and the number of non-graduates selected indicated a level playing field.

Mar 17, 2026 sclaw

2026 INSC 242 SUPREME COURT OF INDIA DIVISION BENCH SHINY C.J. AND OTHERS Vs. SHALINI SREENIVASAN AND OHTERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

Service

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.

Mar 15, 2026 sclaw

2026 INSC 220 SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SHARMA Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

Service

Police Recruitment — Criminal Antecedents — Suitability for Appointment — A candidate with criminal antecedents, even if acquitted by giving benefit of doubt, can be deemed unsuitable for police service by the screening committee, as the employer has the right to assess character and integrity for a disciplined force.

Mar 14, 2026 sclaw

2026 INSC 225 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS Vs. RAJKUMAR YADAV ( Before : Ahsanuddin Amanullah and N.V. Anjaria, JJ. ) Civil…

Service

Tamil Nadu Electricity Board Service Regulations, 1967 — Regulations 10(9), 87, and 97 — Seniority of direct recruits — Determination of date of appointment — A person is considered on ‘duty’ when performing duties of a post or undergoing probation or training — Appointed to a class of service when discharging duties or commencing probation or training — Seniority is determined by rank in the approved list; probation starts from joining duty — Training is part of service, not a reason to exclude it from seniority calculation. — Division Bench misinterpreted Regulations by stating seniority commences from probation start date — Appeals allowed, High Court judgment set aside.

Mar 14, 2026 sclaw

2026 INSC 229 SUPREME COURT OF INDIA DIVISION BENCH M. THANIGIVELU AND OTHERS Vs. TAMIL NADU ELECTRICITY BOARD AND OTHERS ( Before : Rajesh Bindal and Vijay Bishnoi, JJ. )…

Constitution Service

Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Disability — Mental Illness and Specific Learning Disability — Post of Auditor in CAG — Identified as not suitable for persons with benchmark disabilities suffering from mental illness, but later identified as suitable for Group C posts of Assistant (Audit) and Auditor-II through Notification dated 4th January, 2021 — Court directs accommodation in suitable Group C posts.

Mar 14, 2026 sclaw

2026 INSC 232 SUPREME COURT OF INDIA DIVISION BENCH SUDHANSHU KARDAM Vs. COMPTROLLER AND AUDITOR GENERAL OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

Constitution Service

Constitution of India, 1950 — Article 311(2) second proviso (b) — Dismissal from service without departmental inquiry — Requirement of reasonable practicability — Mere presumption or belief by disciplinary authority not sufficient — Must be based on objective facts and material on record. Article 311(2) second proviso (b) — Dispensing with departmental inquiry — Decision of disciplinary authority not binding on courts; subject to judicial review — Reasons for dispensing must be plausible and based on definite material.

Mar 14, 2026 sclaw

2026 INSC 234 SUPREME COURT OF INDIA DIVISION BENCH MANOHAR LAL Vs. COMMISSIONER OF POLICE AND OTHERS ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ. ) Civil Appeal…

Service

Kerala Technical Education Service (Amendment) Rules, 2004 — Rule 6A — Exemption from PhD requirement — Rule 6A(i) and (ii) — Validity — Supreme Court judgment in Christy James Jose v. State of Kerala (2016) held appointments not contrary to AICTE qualifications and Special Rule 6-A(2) in tune with AICTE Notification dated 18-2-2003 — AICTE Regulations on qualifications are binding on State Rules to the extent of repugnancy — Rule 6A had no application after 05-03-2010 when AICTE issued new regulations mandating PhD for promotion to Professor, Associate Professor, and Principal posts.

Mar 4, 2026 sclaw

2026 INSC 207 SUPREME COURT OF INDIA DIVISION BENCH DR. JIJI K.S. AND OTHERS Vs. SHIBU K AND OTHERS ( Before : Dipankar Datta and Aravind Kumar, JJ. ) Civil…

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Direct Taxation Income Tax

the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I

May 28, 2026 sclaw

Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.

May 28, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.

May 28, 2026 sclaw

Category: Service

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