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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.
Service Matters

Departmental Traps–The violation thereof, if any, by the investigation officer would not ipso facto vitiate the disciplinary proceedings. Writ–Administrative Instructions–Even if there has been any break of executive instructions that does not confer any right on the member of the public to ask for a writ against Govt.

2008(1) LAW HERALD (SC) 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta  Civil Appeal No. 5033 of…

Service Matters

Pay Scale–When a concession was extended as distinct from implementing a specific recommendation of the Pay Commission with reference to a particular period of time, it is open to the Govt. to provide that the benefit it proposes to give, would be available only from a notified date. Cadre–Merger of Cadre–Court cannot issue direction for merger of cadre.

2008(1) LAW HERALD (SC) 477 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2468-2469 of 2005…

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