Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Government of India Act, 1935 – Section 241(2)(b) – Enhancement of age of retirement HELD Appellant who attained the age of 60 years – Age of retirement which prevailed at the relevant time was not entitled to the benefit of the notification – not entitled to the enhanced age of retirement of 65 years

Jan 21, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA MOHAN VARMA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr Dhananjaya Y. Chandrachud and Ajay Rastogi, JJ. )…

Service Matters
Service

Karnataka State Civil Services (Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 – Rule 6 – Eligibility for appointment HELD Merely because the 1st respondent had approached the High Court by filing of a writ petition, that would not be sufficient to exercise jurisdiction under Article 226 of the Constitution in over­reaching the rights of the candidates who were otherwise eligible for appointment – Appeal allowed

Jan 21, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED AND ANOTHER — Appellant Vs. SMT. H.L. KAVERI AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Service Matters
Service

Air Force Rules, 1969 – Rule 156 – Criminal Procedure Code, 1973 (CrPC) – Section 154 – Illegal transportation of Petrol, Oil & Lubricants – Tribunal held that the allegation against the Respondent being theft and misappropriation of kerosene and diesel, the loss caused due to theft required to be reported to the civil police as per Para 804(b) of the Regulations

Jan 20, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. CHANDRA BHUSHAN YADAV — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. )…

Service Matters
Service

Service Law – Regularization – It is clear from the order of appointment of the appellant that she was provisionally appointed to the post of EDE – It was clarified in the appointment order itself that the provisional appointment will be terminated when regular appointment is made and that she shall have no claim for appointment to any post

Jan 20, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMLESH — Appellant Vs. UNION OF INDIA THROUGH SECRETARY DEPARTMENT OF POST AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Deepak…

Service Matters
Service

Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016 – Rule 12 – Rules not apply to Army Officers – It is categorically laid down in Rule 12 of the IDSE Rules that the Rules shall not apply to Army Officers appointed on a tenure basis as they are governed by the Army Act and the Rules framed thereunder – There is no dispute that the Respondent was appointed on a tenure basis in accordance with the MES Regulations

Jan 16, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. BRIG. BALBIR SINGH (RETD.) — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Service Matters
Service

Service Law – Appointment – Direct recruitment to the posts of Administrative Officer/Assistant Assessor and Collector – Since the selection process has not been completed and keeping in view the mandate of the Statutory Rules – Appellants have no right to dispute the action of the Municipal Bodies to fill up the posts either by way of promotion or by deputation as such posts are being filled up in terms of mandate of the Rules

Jan 15, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD. RASHID — Appellant Vs. THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

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Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw