Disciplinary Proceedings VIII

Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]

Disciplinary Proceedings VII

M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]

Res Ipsa Loquitur I

The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]

Promissory Estoppel IX

It is abundantly clear, Principle of Promissory Estoppel cannot be invoked for enforcing promises in teeth of provisions of law [Motilal Padampat Sugar Mills, (1979) 2 SCC 409; Amrit Banaspati Co. Ltd., (1992) 2 SCC 411; Bangalore Development Authority v. R. Hanumaiah, (2005) 12 SCC 508; State of Gujarat v. Arcelor Mittal Nippon Steel India […]

Right to Property

While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]

Disciplinary Proceedings VI

The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of service rules governing relationship of employment. Unlike a criminal prosecution, where charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to […]

The Revival of Ray LXXXII

7-Judge Bench of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831 has held: “The authority may, in some cases, be of view, conduct of probationer may result in dismissal or removal on an inquiry. But in those cases, authority may not hold an inquiry and may simply discharge probationer with […]

The Writ of Quo Warranto II

When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]

Subordinate Officer

My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]

Compassionate Appointment V

The issue is covered by Union of India v. V.R. Tripathi, (2019) 14 SCC 646. Court held, scheme and rules of compassionate appointment cannot violate mandate of Article 14; once Section 16 of Hindu Marriage Act regards a child, born from a marriage entered into while earlier marriage is subsisting, to be legitimate, it would […]

The Rules of The Game Principle VI / Recruitment of Constable, Rifleman

By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]

Involuntary Resignation

My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]

Compulsory Retirement II

Three-Judge Bench in Posts and Telegraphs Board v. C.S.N. Murthy, (1992) 2 SCC 317, after Baikuntha Nath v. Chief District Medical Officer, Baripada, (1992) 2 SCC 299, held, Courts would not interfere with exercise of power of compulsory retirement if arrived bona fide-ly and on basis of material available on record. Three-Judge Bench in Union […]

Disciplinary Proceedings V

Learned Counsel, Kunal Chatterji relied on Sher Bahadur v. Union of India, (2002) 7 SCC 141 and Narinder Mohan Arya v. United India Insurance Co. Ltd., (2006) 4 SCC 713 to urge, High Court could interfere with findings of an enquiry which were not based on any evidence. Union of India v. H.C. Goel, (1964) […]

The Rules of The Game Principle V / The Revival of Ray LXXIX

Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]

The Revival of Ray LXXVIII

The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 have statutory effect by virtue of Section 97(3) of The Employees’ State Insurance Act, 1948. It is settled law, regulations framed by statutory authorities have force of enacted law. Constitution […]

Fraud II

The main departure of The Companies Act, 2013 from statutory regime of The Companies Act, 1956 is specific inclusion of fraud ‘directly’ as a circumstance in which a Company could be wound up [See, Section 271 of 2013 Act, as it now stands after 2016]. Section 271(c) of The Companies Act, 2013 covers three circumstances […]

Act of God

As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]

The Nature of Judicial Power: Article No. 1101

The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]

Compassionate Appointment IV

Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]

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