Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Bihar Health Service (Appointment and Service Conditions) Rules, 2013 – Rules 5 and 6(iii) – Grant of weightage on the basis of work experience – Rule 5 and 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 are construed to include the experience gained by a doctor in any hospital run by the Bihar Government or its instrumentalities, as well as any other non­private hospital (including those run by the Central Government, Municipalities and Panchayati Raj Institutions; or other public authorities) within the territory of Bihar

Dec 25, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. (MAJOR) MEETA SAHAI — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Deepak Gupta and Surya Kant, JJ. )…

Service Matters
Service

Service Law – Appointment of Lecturers – Fixation of minimum marks – Advertisement clearly indicates that only those candidates who obtained 50% marks in Paper I and II would be eligible to take the test in Paper IIIHELD There were no minimum marks provided for Paper III in the advertisement. This could be done by the moderation committee even at a later stage. This is not a change brought about but an additional aspect brought in while determining the merit of the candidates who are found fit to be eligible for consideration for appointment of Lecturers

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND PUBLIC SERVICE COMMISSION — Appellant Vs. MANOJ KUMAR GUPTA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…

Service Matters
Service

Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC HELD Disciplinary proceedings are not quasi criminal in nature. A disciplinary inquiry is conducted by the employer to inquire into a charge or misconduct pertaining to a breach of the rules and regulations governing the service of the employer.

Dec 22, 2019 sclaw

Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC   LIVELAW NEWS NETWORK 21 Dec 2019 3:10 PM The Supreme Court has observed that disciplinary proceedings are not quasi criminal…

Service Matters
Service

Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 – Rules 22 and 23 – Notification of Vacancies to the Employment Exchange – Appointment – There is no denial on the part of the respondents that the names were called from the Employment Exchange by the appointing authority before conducting the selection and the Employment Exchange had forwarded the twelve names which also included the name of appellant HELD appointment of the appellant cannot be said to have been made in disregard to the Rules

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RANA PRATAP SINGH — Appellant Vs. VITTIYA EVAM LEKHA ADHIKARI, DISTRICT BASIC EDUCATION OFFICER AND OTHERS — Respondent ( Before : Ashok Bhushan and…

Service Matters
Service

Constitution of India, 1950 – Article 14 – Claim for Selection Grade and Special Grade scales of pay – It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases – The said provision does not envisage negative equality but has only a positive aspect

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. SINGARAVELAN AND OTHERS — Appellant Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…

Service Matters
Service

Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged HELD candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of “misconstruction of statutory rules and discriminating consequences arising therefrom”.

Dec 18, 2019 sclaw

Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment] LIVELAW NEWS NETWORK 17 Dec 2019 7:58 PM In a notable judgment…

Service Matters
Service

Uttar Pradesh Development Authorities Centralized Services Rules, 1985 – Rule 24(3) – Promotion – Condition of length of ten years’ service was relaxed -In any case the appellant is entitled to be promoted with effect from 18.01.1995 i.e. the date on which the juniors to him were promoted – Non – concurrence with the U.P. Public Service Commission, at the most would make the appointment of the appellant irregular and not illegal

Dec 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH SIRAJ AHMAD — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya Kant,…

Service Matters
Service

Fundamental Rules – Rule 73 – Summoning of officers to the Court and eventually affect the public at large – High Court was not right in directing the Principal Secretary to appear in the court and explain the reason for passing the order – Observing that merely because an order has been passed by the officer, it does not warrant the personal presence of the officer in the Court

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. SUDARSHANA CHATTERJEE — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Civil…

Service Matters
Service

Penal Code, 1860 (IPC) – Sections 467, 468, 471, 474, 420, 406 and 120B – Uttar Pradesh Fundamental Rules – Rule 56(C) – Compulsory retirement-A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions – Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter – Standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. HELD But a conduct which creates a perception beyond the ordinary cannot be countenanced

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI YADAV — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

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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