Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Army Act, 1950 – Section 71 and 71(h) – General Court Martial – Cashiering from service – Pensionary benefits – If the penalty imposed by the Court Martial of cashiering from service is upheld, forfeiture of all the pensionary benefits of the Appellant is not automatic – In the absence of an order passed under Section 71 (h), the pension of the Appellant cannot be forfeited

Jul 29, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. COL. S. S. BEDI — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Service Matters
Service

Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Section 68 – Qualification for promotion to the post of Junior Bailiff – HELD 2016 Act actually replaces the General Rules for the Tamil Nadu State and Subordinate Services. But the Act does not override the Special Rules. Petition dismissed

Jul 25, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH R. PALANISAMY AND OTHERS — Appellant Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND OTHERS — Respondent ( Before : S.A. Bobde,…

Service Matters
Service

Pension–Husband of appellant died in 1978–Pension claimed after 14 years under Rule 22-A–Rule 22-A made effective from September 1, 1982 with prospective effect–A right or a liability which was created for the first time, cannot be given a retrospective effect.

Jul 5, 2020 sclaw

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos.7556-7557 of 2008 Panchi Devi v. State of Rajasthan {Decided on 18/12/2008} Important Point Pension–Husband…

Service Matters
Service

Madhya Pradesh State Administrative Service (Classification, Recruitment and Conditions of Service) Rules, 1975 – Rule 13 – Probation – Departmental examination – Matter referred to High Court consider the effect of non-consideration of Rule 13 of 1975 Rules on the earlier occasion as well as the impact of the decisions of this Court

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH WARAD MURTI MISHRA — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER. — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…

Service Matters
Service

Constitution of India, 1950 – Article 32 and 142 – Appointment – Post of Police Sub-Inspector – Selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.

Jun 13, 2020 sclaw

Docid # IndLawLib/1467956 SUPREME COURT OF INDIA FULL BENCH NIRBHAY KUMAR AND OTHERS — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhushan, M.R. Shah…

Service Matters
Service

Bihar Service Code – Rule 73 – Compulsory retirement – Rule 73 of the Bihar Service Code does not prescribe any length of service as criteria for retirement. The prescribed age of retirement for employees of the category to which the Appellant belonged was 58 years, later increased to 60 years. The decision of the respondents to retire the Appellant before he attained the age of 60 years as per his actual date of birth. Matter referred to CJI as difference of opinion..

May 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH GOPAL PRASAD — Appellant Vs. BIHAR SCHOOL EXAMINATION BOARD AND OTHERS — Respondent ( Before : Indira Banerjee and Ajay Rastogi, JJ. )…

Service Matters
Service

Conduct, Discipline and Appeal Rules, 1978 – Rule 34.3 – Payment of gratuity – Employer has a right to withhold gratuity during pendency of the disciplinary proceedings. HELD termination’ and ‘dismissal’ are held to be synonymous but the difference between ‘termination’ and ‘dismissal’ is that dismissal could be on account of misconduct with loss of future employment involving dishonesty or criminality and penal in character but that is not in the case of termination – The “termination” as per Black’s Law Dictionary is the complete severance of relationship of employer and employee which in the instant case could be saved during pendency of the disciplinary proceedings

May 28, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH CHAIRMAN-CUM-MANAGING DIRECTOR, MAHANADI COALFIELDS LIMITED — Appellant Vs. SRI RABINDRANATH CHOUBEY — Respondent ( Before : Arun Mishra, M.R. Shah and Ajay Rastogi,…

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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