Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Service

Service Matters
Service

Service Law – Misconduct – Quantum of punishment – Scope of judicial review on the quantum of punishment is available but with a limited scope – Where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the Court, normally the disciplinary authority or the appellate authority should be directed to reconsider the question of imposition of penalty – after setting aside the penalty order, it is to be left to the disciplinary/appellate authority to take a call

Nov 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. CONSTABLE RAM KARAN — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Service Matters
Service

University Grants Commission Act, 1956 – Section 12(b) – Abolition of post – Appeal against – University had the power to abolish any department but not the post sanctioned under the Tenth Plan by the UGC – Post held by the appellant was sanctioned and financially supported by the UGC under the Tenth Plan, and the same would not have been automatically abolished at the end of the Plan – Termination of services of the appellant was illegal and not in accordance with law – Appeal allowed

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. SUSHIL KUMAR TRIPATHI — Appellant Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram…

Service Matters
Service

Service Law – Termination – HELD the respondent-University is directed to reinstate the appellant as Assistant Professor in the Department of Political Science and also grant him the benefit of continuity of services only for the purpose of pension and retiral benefits, if any. The appellant will not, however, be entitled to any disbursement of salary for the period from 31st March, 2007, till the date of reinstatement as he has not worked for the said period on the principle of “no work, no pay”.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. SUSHIL KUMAR TRIPATHI — Appellant Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram…

Service Matters
Service

Military Engineering Service (Non-Industrial Class III and IV Posts) Rules, 1971 – Seniority – Determination of – In the matter of adjudging seniority of the candidates selected in one and the same selection, placement in the order of merit can be adopted as a principle for determination of seniority but where the selections are held separately by different recruiting authorities, the principle of initial date of appointment/continuous officiation may be the valid principle to be considered for adjudging inter se seniority of the officers in the absence of any rule or guidelines in determining seniority to the contrary.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR KUMAR ATREY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

Service Matters
Service

Service Law – Respondent is a club in strict sense and not public, ‘restaurant and eating place’ the conclusion appears to be inevitable that the respondent club cannot be characterized as premises which was ‘wholly or principally’ used for the business of supply of meals and refreshment to the public. In the first place as already noticed, the members of the Club and their guests and family members cannot be described as the ‘public’ . HELD There is no finding also that the club was providing lodging. In such circumstances, the question that should have been asked was, whether, being a club, which was not residential in nature, it stood exempted. This was not done. Appeal dismissed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P.B. NAYAK AND OTHERS — Appellant Vs. MANAGING DIRECTOR, BHILAI STEEL PLANT AND OTHERS — Respondent ( Before : K.M Joseph and Pamidighantam Sri…

Service Matters
Service

Service Law – Selection – HELD determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition – Impugned judgment and order of High Court set aside – Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI SRINIVAS K GOUDA — Appellant Vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service Matters
Service

Rajasthan Panchayati Raj Act, 1994 – Section 91(3) – Rajasthan Services Rules, 1951 – Rule 86 – Termination – HELD Single Judge erred in entertaining the petition in the year 2012 challenging the order of termination passed in the year 1996, on the ground of delay and laches and more particularly when even otherwise if the termination order would not have been passed the deceased employee would have retired on attaining the age of superannuation in the year 1999.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SURJI DEVI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil…

Service Matters
Service

Part-time temporary employees in a Government run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work – Regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. ILMO DEVI AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Service Matters
Service

Service Law – HELD Firstly, the first appellant found that the respondent is not suitable for re-appointment, which was approved by the other authorities. Therefore, the employer has taken a conscious decision in the interest of the society. Secondly, it is not a case of extension in which case maybe the confirmation by “ACC” would have been warranted. We may also note that all the appellants, including the Hon’ble Minister, have approved the subsequent decision to go for a fresh recruitment by taking note of the larger public interest.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. N MURUGESAN ETC. — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

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Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw