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Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed. Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed. Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of bail — Twin conditions under Section 37(1)(b)(ii) must be considered — High Court ignored twin conditions while granting bail in a case involving commercial quantity of narcotics — Impugned order granting bail cannot be sustained.

Specific Relief Act, 1963, S.20–Specific Performance-Agreement to Sell—Once the Trial Court, first and second Appellant Court formed an opinion and decided to grant the specific performance of the agreement to the plaintiff in exercise of their respective discretionary powers, Supreme Court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India—Such concurrent findings are binding on Supreme Court.

  (2018) 181 AIC 255 : (2017) AIR(SCW) 3601 : (2017) 4 AIRJharR 415 : (2017) AIR(SC) 3601 : (2017) AllSCR 1855 : (2017) 5 ALT 29 : (2017) 5…

Service Matters

Service Law—Joining Back—Deputation to Foreign Country-­Appellants while in service went on foreign service without taking requisite permission—When they came back and submitted joining report but were not issued joining orders—Since no departmental inquiry or action was taken for not taking permission; period spent in foreign country is to be treated as ‘unauthorised absence’

(2017) AIR(SCW) 5569 : (2017) AIR(SC) 5569 : (2017) AllSCR 2385 : (2018) 1 CLR 403 : (2018) 156 FLR 401 : (2017) 4 JLJR 384 : (2017) 10 JT…

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