Constitution of India, Article 23 -- Zila Basic Shiksha Adhikari -- Samagra Shiksha Scheme -- Shiksha Pariyojna Parishad -- Continuously for over ten years in a row are deemed to be employed permanently -- A fixed honorarium of Rs.7,000/- per month amounts to ‘Begar’ and unfair practice which is violative of Article 23 of the Constitution – Amount enhanced to Rs.17,000/- per month payable : Held,

i) The appointment of the part time or contractual instructors/teachers in fact no longer remains contractual in nature once the contract period of eleven months for which they were initially appointed or the extended contract period stood expired;

ii) They were not even part time instructors/teachers as they were specifically prohibited for taking any job or part time employment elsewhere during their spare time;

iii) In fact, these instructors/teachers having continued continuously for over ten years in a row are deemed to be employed permanently against deemed substantive posts, as with the passage of time and keeping in mind the continuity of the work, such posts stand automatically created;

iv) The Project Approval Board is the sole central authority to manage budget and finances under the Act and the scheme and to fix honorarium for the instructors/teachers appointed thereunder. No other authority has any say in the matter concerning finance and budget consequently in the fixation of honorarium;

v) The Project Approval Board having once approved the proposal for fixing Rs.17,000/- per month as honorarium to these instructors/teachers, no authority can sit over such a decision and pass orders contrary to it;

vi) The initial burden to pay honorarium to the instructors/teachers is upon the State Government who is free to recover the contribution of the Central Government from the Union of India on the principle of “pay & recover”;

vii) The honorarium payable to these instructors/teachers cannot be permitted to remain stagnant and the same is revisable periodically at least once in three years by the Project Approval Board or any other authority as may be determined by the Central Government/State Government under the scheme or the modified scheme;

viii) Any action of the State/Union Government to employ instructors/teachers on a fixed honorarium of Rs.7,000/- per month as was initially fixed in 2013-14 amounts to ‘Begar’ and unfair practice which is violative of Article 23 of the Constitution;

ix) The Project Approval Board having fixed honorarium to these instructors/teachers at the rate of Rs.17,000/- per month with effect from the year 2017-18, the State Government/Central Government is not justified in paying them at a lesser rate of either Rs.8,470/- or Rs.9,800/- or at the basic rate of Rs.7,000/- per month.

Part time contractual instructors/ teachers appointed in the Upper Primary School in the State of U.P. are entitled to revision of their honorarium of Rs.7,000/- per month which was initially fixed for the contract period of eleven months in the year 2013 -- All these instructors/teachers held entitled to receive honorarium at the rate of Rs.17,000/- per month with effect from 2017-18 -- The State Government shall start paying honorarium to them at the rate of Rs. 17,000/- per month w.e.f. 01.04.2026 and the arrears of which shall be paid to them by the State Government within a period of six months from today -- State Government may recover the contribution of the Central Government from the Union of India.

(Para 70-72)

Constitution of India, 300A – Retiral benefits – Denial of -- Pension and gratuity are not bounty, but, property and hard earned benefit of the employee – Encashment of earned leave, Unearned leave, Gratuity, constitutes property under Article 300-A of Constitution of India same cannot be withheld without following due process of law -- Third respondent directed to pass appropriate orders with regard to disbursement of admissible benefits viz., General Provident Fund amount, Special Provident Fund, Encashment of Earned Leave and Unearned Leave on Private Affairs to the petitioner within a period of four weeks.

(Para 14-21)

Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994), Section 28(1) -- Constitution of Inida, Article 243E -- Election of Panchayat -- Term of Panchayat to expire on 31.01.2026 – Deemed dissolution after 5 years -- On expiry of duration Panchayati Raj Institutions shall be deemed to have been dissolved -- Reconstitution of Panchayat shall be completed before expiry of period of 6 months from the date of dissolution -- Rule is to conduct election/ reconstitution of Panchayati Raj Institutions before expiry of tenure of 5 years and the reconstitution of Gram Panchayat after expiry of duration, but within six months thereafter, is an exception -- It cannot be claimed as a matter of right, by the Government to decide to reconstitute the Panchayat after the expiry of duration, but within six months thereafter -- Claim of the respondent-State that it has a right and authority to defer reconstitution of election for one or other reason within six months after expiry of duration, is not legal, justified, and sustainable – Election of Panchayati Raj Institutions cannot be deferred on account of pendency of creation or re-organization of Panchayats as well as Urban Local Bodies in small pockets, in two or three Districts -- Connectivity problem can also not be a reason to defer the election in entire State --  Election directed to be conducted on or before 30.04.2026.

(Para 57, 61, 71)

Motor Vehicles Act, 1988, Section 2(18)(28) -- Constitution of India, Seventh Schedule, Entry 57 of List II -- Gujarat Motor Vehicles Tax Act, 1958, Section 2(10), 3 -- Heavy Earth Moving Machinery -- Special services vehicles -- Construction equipment vehicles such as Dumpers, Loaders, Excavators, Surface Miners, Dozers, Drills, Rock Breakers etc. -- Vehicles of special types, precisely construction equipment vehicles which are suitable and are meant for use for operation and use within the industrial area/ factory premises/ defined enclosed premises and are not meant for use on roads or public roads -- They are off-road equipments and as such stand excluded not only from the purview of the “motor vehicle” as defined under Section 2 (28) of the Act but also from tax as Entry 57 of List II of the Seventh Schedule of the Constitution only authorizes taxation of vehicles suitable for use on roads only -- They are not even chargeable to road tax in view of Schedule I to Section 3 (1) of the Gujarat Tax Act which do not prescribes any tax for such kind of vehicles i.e., construction equipment vehicles.

-- However, if any such kind of vehicles are found using roads, they would not be free from the rigors of Section 2 (28) of the Act and Section 3 of the Gujarat Tax Act and may also be subject to proceedings for seizure and penalty in accordance with the law.

(Para 55)

A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 2(1)(zf), 13(2)(4) – SARFAESI proceedings – Security interest -- Mortgage of property – Requirement of – Guarantee deed -- For Invocation of SARFAESI Act presupposes the existence of a validly created security interest in favour of the lender, mortgage is a must – Guarantee deed lacked the authority to invoke the SARFAESI Act against the Company – SARFAESI proceedings quashed.

(Para 25-27, 36, 37)

B. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 2(1)(zf)(zd),  13(2)(4), 17 – Constitution of India, Article 226, 227 -- SARFAESI proceedings – Secured interest/ Secured Creditor is pre-requisite -- Writ jurisdiction – Alternative remedy – Availability of – Effect of -- No security agreement by which security interest has been created in favour of a secured creditor -- High Court held in favour of the Company and allowed the writ petition, despite availability of an alternative remedy u/s 17 of the SARFAESI Act as Corporation failed to establish that any security interest was created in its favour either by the Company (borrower) or the Council (guarantor) and/or that the Corporation was a “secured creditor” – Held, once it have been held that the SARFAESI Act was erroneously invoked by the Corporation and that such invocation was without jurisdiction, there is no question of relegating the Company to the Debts Recovery Tribunal under Section 17 of the SARFAESI Act – Judgment of Division Bench, upheld.

(Para 13, 36, 37)

A. Constitution of India, Article 14 – Pay scale parity -- Delay and laches -- Matters involving pay scale parity based on removal of anomalies, the cause of action continues from month to month as long as the anomaly persists -- Every month when the employee receives lesser pay than his similarly situated counterparts constitutes a fresh cause of action.

(Para 24)

B. Constitution of India, Article 14 – Pay scale parity -- Discrimination – Employees appointed pursuant to a common competitive examination to identical posts and allocated to different departments purely by administrative allotment – Higher pay scale being given to others -- Principle of equality brooks no discrimination between persons who are similarly situated, and any differential treatment must be based on intelligible differentia having a rational nexus with the object sought to be achieved -- Fixation of different pay scales without intelligible differentia is arbitrary and violative of Article 14 – Ld. Single Judge of High Court directed the State to revise the pay scale – Direction upheld.

(Para 2, 30, 33)

A. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11 – Appointment of Arbitrator – Review/ Appeal -- Whether the High Court had jurisdiction to review its earlier order passed under Section 11(6) of the A&C Act, and whether such exercise of power was valid in law – Held, High Court did not have the jurisdiction to reopen or review its earlier order passed under Section 11(6) of the A&C Act -- Once the appointment was made, the court became functus officio and could not sit in judgment over the very issue it had already settled --  The review order cuts against the grain of the Act, undermines the principle of minimal judicial interference, and effectively converts the review into an appeal in disguise -- Such an exercise cannot stand -- Issue is answered in the negative.

(Para11, 11.15)

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11, 16, 29A -- Appointment of Arbitrator – Remedy against -- Once the Section 11 order had attained finality, the only remedies available were to approach Supreme Court under Article 136 or to raise objections u/s 16 before the arbitral tribunal -- Having chosen neither route, and having participated in the arbitral proceedings, including joint applications under Section 29A, they were estopped from reopening the matter through review.

(Para 11.13)

C. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11 Constitution of India, Article 14 -- Appointment of Arbitrator – Unilateral power with one party -- Remedy -- Where a clause contains an otherwise defective unilateral appointment mechanism, the Court may sever the offending portion and exercise its power u/s 11(6) to appoint an independent arbitrator, thereby giving effect to the parties’ genuine intention to arbitrate -- Refusing to sever such clauses would effectively confer on the dominant party a “nuclear veto”, wholly inconsistent with the pro-arbitration policy of the Act and violative of Article 14 -- Court is empowered under Section 11(6) to cure the defect and appoint an independent arbitrator.

(Para 12.13, 12.16)

D. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 4, 12(5), 29A – Proceed with arbitration without objection – Waiver -- Whether the joint application filed by both parties, seeking extension of the arbitral mandate u/s 29A amounts to an express or implied waiver u/s 4 read with the proviso to Section 12(5) of the Act – Held, a joint application u/s 29A amounts to a valid waiver u/s 4, save in cases of statutory ineligibility u/s 12(5) -- Any contrary view would render Section 4 redundant and distort the legislative design -- Where the disqualification u/s 12(5) is attracted, the language being plain and mandatory, a joint application merely seeking extension, without an informed written waiver, cannot cure ineligibility -- Conversely, where no such disqualification exists, the conduct of the parties, especially in jointly invoking Section 29A, constitutes waiver under Section 4.

(Para 13.11, 13.12)

E. Constitution of India, Article 136, 141 -- Binding precedent -- Doctrine of merger -- Dismissal of SLP – Effect of -- A non-speaking dismissal of an SLP signifies only that the Court, in its discretion under Article 136, has declined to interfere -- It does not amount to approval of the reasoning of the subordinate forum -- Doctrine of merger does not apply to such dismissals – A non-speaking dismissal of an SLP neither endorses the reasoning of the judgment challenged nor transforms it into binding precedent -- At best, such a decision has persuasive value; its only legal effect is to bring finality to the dispute between the parties in that particular case.

(Para 14.1-14.3)

Haryana Compassionate Assistance to Dependents of the Deceased Government Employees Rules, 2006, Rule 5, 6 – Constitution of India, Article 14 -- Death of dismissed employee -- Compassionate assistance to family – Dismissal on 04.12.1989, during the pendency of writ, he passed away on 22.02.1995 and writ was allowed on 22.02.2010 quashing the dismissal and directing release of all retiral benefits  -- Legal fiction is that the employee was never dismissed, unless the Court restricts relief --  Rule 6 of the 2006 Rules clarify that all the pending cases, such as that of the petitioner shall be covered under the 2006 Rules – Claim denied on the ground that petitioner applied belatedly – Order does not consider the effect of the 2010 judgment, the retrospective restoration of service, the settled law on compassionate claims, or the humanitarian object underlying the scheme -- An administrative authority exercising statutory discretion is required to record reasons that demonstrate meaningful application of mind -- Failure to do so renders the action of the respondents arbitrary and violative of Article 14 of the Constitution of India – Impugned order set aside, respondents directed to extend financial assistance within a period of 4 weeks.

(Para 2-5)

Constitution of India, Article 32 -- Animal Birth Control Rules, 2023 -- Prevention of Cruelty to Animals Act, 1960 (59 of 1960) -- Stray dogs bites : Directions issued having regard to the alarming rise in incidents of dog bites within institutional areas such as educational institutions, hospitals, sports complexes, bus stands/depots (including Inter-State Bus Terminals) and railway stations, in the interest of public safety, health, and management of stray dogs: -

-- The State Governments and Union Territories shall through their respective local/ municipal authorities, within a period of two weeks, identify all Government and private educational institutions, hospitals (including district hospitals, primary health centres, and medical colleges), public sports complexes or stadia, bus stands/depots (including Inter-State Bus Terminals) and railway stations situated within their territorial limits.

-- The administrative heads of the aforesaid institutions shall through their respective local/ municipal authorities, under the overall supervision of the District Magistrate concerned, ensure that the premises are secured by adequate fencing, boundary walls, gates and such other structural or administrative measures as may be necessary to prevent the ingress of stray dogs. The said exercise shall be completed as soon as possible and preferably within a period of 8 weeks from today.

-- The management of every educational institution, hospital, sports complex, bus stand/depot (including Inter-State Bus Terminal) and railway station identified under Direction (A) shall designate a Nodal Officer responsible for the upkeep and cleanliness of the premises and for ensuring that stray dogs do not enter or inhabit the campus. The details of the said officer shall be displayed prominently at the entrance and notified to the jurisdictional municipal body/authority.

-- The local municipal authorities and panchayats shall carry out regular inspections, at least once in every three months, of all such premises to ensure that no stray dog habitats exist within or in the immediate vicinity of these institutions. Any lapse in this regard shall be viewed seriously, and responsibility shall be fixed upon the concerned municipal officials/administrative authorities.

-- It shall be the responsibility of the jurisdictional municipal body/authority to forthwith remove every stray dog found within the premises of an educational institution, hospital (public or private), sports complex, bus stand/depot (including Inter-State Bus Terminal) or railway station and to shift such animal/s to a designated shelter, after due sterilisation and vaccination, in accordance with the Animal Birth Control Rules, 2023. The stray dogs so picked up shall not be released back to the same location from which they were picked up. We have consciously directed the non-release of such stray dogs to the same location from which they were picked up, as permitting the same would frustrate the very effect of the directions issued to liberate such institutional areas from the presence of stray dogs.

-- All Government and private hospitals shall maintain a mandatory stock of anti-rabies vaccines and immunoglobulin at all times.

-- Every school and educational institution shall be directed by the Ministry of Education, Government of India, to conduct awareness sessions for students and staff on preventive behaviour around animals, first-aid in case of bites, and immediate reporting protocols.

-- The management of stadiums and sports complexes shall ensure the deployment of security or ground-keeping personnel specifically tasked with around the clock vigil against the entry or habitation of stray dogs.

-- The railway authorities having jurisdiction over the railway stations as well as the State transport corporations and municipal authorities having jurisdiction over bus stands, depots and Inter-State Bus Terminals, shall ensure that such public-transport premises/facilities are effectively secured and maintained so as to prevent the habitation or movement of stray dogs within their premises. Proper waste-management systems shall be implemented to eliminate food sources that attract animals, and regular inspections shall be conducted to detect and address the presence of stray dogs.

-- Animal Welfare Board of India shall, within four weeks, issue detailed Standard Operating Procedures (SOPs) for prevention of dog bites and management of stray dogs in institutional premises (public or private) including but not limited to Government and private educational institutions, hospitals (including district hospitals, primary health centres, and medical colleges), and sports complexes or stadia, to be uniformly adopted across all States and Union Territories.

The aforesaid directions in continuation of and in furtherance of Court’s order dated 22nd August, 2025, to ensure that the menace of stray dog attacks within institutional areas is curbed through effective preventive and administrative mechanisms. The primary objective is to safeguard the fundamental right to life and safety of citizens, particularly children, students, patients, and sportspersons, while ensuring compliance with the principles embodied in the Animal Birth Control Rules, 2023 framed under the Prevention of Cruelty to Animals Act, 1960 -- Any reported non-compliance shall be viewed very seriously and may invite penalties/consequences including but not limited to the initiation of suo moto contempt proceedings against the erring officials.

(Para 25, 26, 32)

Constitution of India, Article 14, 226 --  Multi-Purpose Worker (MPW) on contract basis – Non-release of salary after expiry of contract – Shifting to the web-portal of the HKRNL – Further engagement – Inquiry Committee of DEEO, Section Officer under the Chairmanship of Class-1 Officer of the Directorate constituted -- Petitioners permitted to represent before the said inquiry committee for establishing the dates upto which they actually worked in the respective schools  -- Respondents directed to conclude the enquiry after affording due opportunity of hearing to the petitioners and to release remuneration for the period they have worked after 31.03.2024 within three months – Department is at liberty to take disciplinary action against the officer(s)/official(s), in case anyone is found negligent or deficient in performance of duty -- Further direction given for porting the MPWs to the HKRNL in terms of the applicable policy in accordance with law, within one month thereafter.

(Para 2-6)

Constitution of India, Article 32 -- Animal Birth Control Rules, 2023 -- Prevention of Cruelty to Animals Act, 1960 (59 of 1960) -- Stray dogs bites – Suo moto directions issued / Modified/ Clarified/ Supplemented: Direction dated 11.08.2025/ 22.08.2025 --

“2. Pursuant to the taking of suo moto cognizance, the matter came to be listed before the Bench on 11th August 2025, on which, the following directions were issued: -

“12. For the present, the aforesaid directions shall be complied with and implemented scrupulously. We, at the cost of repetition, again make it abundantly clear to the above concerned authorities in clear words that it shall at the earliest: -

(i) Start picking up and rounding the stray dogs from all localities of Delhi, Ghaziabad, NOIDA, Faridabad, Gurugram as well as areas on the outskirts, and relocate these dogs into designated shelters/pounds.

(ii) The appropriate authorities of NCT of Delhi, NOIDA, Ghaziabad, Gurugram & Faridabad are directed to immediately create dog shelters/pounds and report to this Court the creation of such infrastructure all over the National Capital Region (NCR). A report in this regard shall be filed before this Court within a period of eight-weeks.

(iii) In no circumstances, should these stray dogs after their relocation be once again released back onto the streets. In this regard proper records should be maintained by the concerned authorities regularly.

(iv) The stray dogs shall be captured, sterilized, dewormed and immunized as required by Animal Birth Control Rules, 2023 and as noted above, shall not be released back. The dog shelters/pounds should have sufficient personnel to sterilize, deworm and immunize stray dogs and also for looking after the stray dogs who would be detained.

(v) We further make it clear that both the exercise of rounding up of stray dogs as well as the creation of necessary infrastructure in the form of shelters/pounds for the relocation, sterilization, deworming and immunization, shall be undertaken simultaneously. We do not want to hear about even a semblance of lethargy from the concerned authorities on the pre-text of awaiting the creation of shelters/pounds, otherwise, we will proceed to take strict action against these authorities. All authorities are directed to immediately begin the picking up stray dogs and in the same breadth creation of appropriate and adequate shelter homes and pounds across the National Capital Region.

13. Any hindrance or obstruction that may be caused by any individual or organization in the smooth and effective implementation of our aforesaid directions will be viewed as contempt of this Court and we shall proceed to take appropriate action in accordance with law.”

(Emphasis supplied)

Directions supplemented, Modified and clarified on 22.08.2025 as under:

“33. We, therefore, feel that a holistic approach requires mollification of the directions issued vide order dated 11th August, 2025. Accordingly, the directions issued by the two-Judge bench of this Court are supplemented, modified, and clarified in the terms indicated below: -

a. Municipal authorities shall continue to comply with the directions contained in paras 12(i) and 12(ii) of the subject order.

b. The directions contained in paras 12(iii) and 12(iv), to the extent that they prohibit the release of the picked up strays, shall be kept in abeyance for the time being. The dogs that are picked up shall be sterilised, dewormed, vaccinated, and released back to the same area from which they were picked up.

It is, however, clarified that this relocation shall not apply to the dogs infected with rabies or suspected to be infected with rabies, and those that display aggressive behaviour. Such dogs shall be sterilised and immunised, but under no circumstances should they be released back onto the streets. Furthermore, as far as possible, such stray dogs shall be kept in a separate pound/shelter after sterilisation and immunisation.

c. The directions contained in para 12(v) shall remain subject to the directions given by us in paras (a) and (b).

d. Municipal authorities shall forthwith commence an exercise for creating dedicated feeding spaces for the stray dogs in each municipal ward. The feeding areas shall be created/identified keeping in view the population and concentration of stray dogs in the particular municipal ward. Gantries/notice boards shall be placed near such designated feeding areas, mentioning that stray dogs shall only be fed in such areas. Under no condition shall the feeding of stray dogs on the streets be permitted. The persons found feeding the dogs on the streets in contravention of the above directions shall be liable to be proceeded against under the relevant legal framework.

The aforesaid directions are being issued in view of the reports regarding untoward incidents caused by unregulated feeding of stray dogs and to ensure that the practice of feeding dogs on roads and in public places is eliminated, as the said practice creates great difficulties for the common man walking on the streets.

e. Each municipal authority shall create a dedicated helpline number for reporting incidents of violation of the above directions. On such a report being received, appropriate measures shall be taken against the individuals/NGOs concerned.

f. The direction given in para 13 of the order dated 11th August 2025, is reiterated with a slight modification that no individual or organisation shall cause any hindrance or obstruction in the effective implementation of the directions given above. In case any public servant acting in compliance with the aforesaid directions is obstructed, then the violator/s shall be liable to face prosecution for obstructing the public servant acting in discharge of official duty.

g. Each individual dog lover and each NGO that has approached this Court shall deposit a sum of Rs.25,000/- and Rs.2,00,000/-, respectively, with the Registry of this Court within a period of 7 days, failing which they shall not be allowed to appear in the matter any further. The amounts so deposited shall be utilised in the creation of the infrastructure and facilities for the stray dogs under the aegis of the respective municipal bodies.

h. The desirous animal lover/s shall be free to move the application to the concerned municipal body for adoption of the street dogs, upon which the  identified/selected street dog/s shall be tagged and given in adoption to the applicant. It shall be the responsibility of the applicant(s) to ensure that the adopted stray dogs do not return to the streets.

i. The municipal authorities shall file an affidavit of compliance with complete statistics of resources, viz., dog pounds, veterinarians, dog catching personnel, specially modified vehicles/cages available as on date for the purpose of compliance of the ABC Rules.

34. Since the application of the ABC Rules is uniform all over the country and the same issues which have been taken up in the Suo Moto Writ Petition have either cropped up or are likely to exist in every State, we propose to expand the scope of this matter beyond the confines of New Delhi and the NCR region.”

(Para 2, 33-36)

Hindu Marriage Act, 1955 (25 of 1955), Section 13, 25 – Constitution of India, Article 142 -- Divorce – Irretrievable breakdown of marriage -- Cruelty – Acquittal in criminal case -- Long separation -- Parties separated just one year after their marriage and have remained apart ever since for more than 16 years -- Additionally, in the criminal proceedings initiated by the respondent under Sections 498A/406/34 of the IPC, the appellant and his family members have been acquitted, which demonstrates that the allegations of cruelty and dowry harassment against the appellant were false -- Welfare and dignity of both the spouses must be prioritized -- Court finds it a fit case to exercise its power under Article 142 of the Constitution and granted the relief of divorce to the parties on the ground of irretrievable breakdown of marriage -- Appellant is working as a clerk in a private firm and the respondent is a homemaker who is independently taking care of their minor son aged 16 years -- Appellant ordered to pay composite monthly maintenance of Rs. 15,000/- to the respondent and their child.

(Para 13-27)

Constitution of India, Articles 14, 21 -- Rights of Persons with Disabilities Act, 2016 (49 of 2016), Section 2(h), 3, 39, 40, 47(1)(a) – Protection of Human Rights Act, 1993 (10 of 1993), Section 2(d) -- India’s international obligations under the UNCRPD, Article 31 -- Tamil Nadu Prison Rules, 1983, Rules 196, 197, 198(iii) – Right of person with disabilities in prison -- Directions issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings -- The obligations herein are rooted in India’s constitutional guarantees, statutory mandates, and international human rights commitments – Direction issued for immediate and time-bound compliance:

1) All prison authorities shall promptly identify prisoners with disabilities at the time of admission. Each prisoner shall be given an opportunity to declare any disability and provide information about their specific needs.

1.1) All rules, regulations, and essential information about prison life shall be provided to such prisoners in accessible and understandable formats (e.g., Braille, large print, sign language, or simplified language).

2) All prison premises shall be equipped with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments to ensure universal accessibility.

3) All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy and other necessary therapeutic services.

4) A State-level access audit of all prisons in Tamil Nadu shall be completed within six months by an expert committee comprising officials from the Social Welfare Department, the Department for the Welfare of Differently Abled Persons, and certified access auditors.

4.1) Periodic audits shall thereafter be conducted and updated regularly in accordance with the Harmonized Guidelines and Standards for Universal Accessibility in India (2021).

5) The prison authorities shall ensure complete compliance with Sections 40 and 45 of the RPwD Act, 2016, Rule 15 of the 2017 Rules and the Harmonized Guidelines, 2021 in all prison infrastructure and services.

6) The State shall provide healthcare for prisoners with disabilities equivalent to that available in the community, including access to physiotherapy, speech therapy, psychiatric services, and assistive devices (such as wheelchairs, hearing aids, and crutches).

7) All prison medical officers shall be adequately trained and sensitized to address disabling conditions, ensuring provision of appropriate accommodations and treatment without discrimination or bias. Furthermore, regular awareness and sensitization programmes shall be conducted in all prisons.

8) Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs.

9) Lifesaving treatments, including regular and need-based physiotherapy and psychotherapy must be made available on-site or through linkage with government health facilities. 10) All prison staff shall undergo comprehensive training on the rights of persons with disabilities. This training shall include:

- awareness of equality and non-discrimination principles

- proper handling of disability-related challenges

- use of appropriate language and behaviour, as per the UN Handbook on Prisoners with Special Needs.

11) The State Prison Manual shall be reviewed and appropriately amended within six months to ensure conformity with the RPwD Act, 2016 and the UNCRPD.

11.1) A specific section must be incorporated to prohibit discrimination against prisoners with disabilities and promote equal treatment and reasonable accommodation.

11.2) The revised Manual shall be prominently displayed in every prison establishment.

12) The State shall undertake periodic consultations with civil society organisations working in the disability sector to develop inclusive policies and identify accommodations based on real needs.

13) The State shall constitute a monitoring committee to conduct periodic inspections and submit compliance reports every three months.

14)The State shall maintain and update disaggregated data on the disability status of prisoners, including records on accessibility, reasonable accommodations, and medical requirements.

14.1) This is to ensure compliance with Article 31 of the UNCRPD and the RPwD Act, 2016.

14.2) The data shall be made available in the public domain, subject to privacy safeguards.

15) The Director General of Prisons shall file a comprehensive compliance report before the State Human Rights Commission within three months from the date of this judgment, detailing all steps taken in furtherance of these directions.

(Para 35, 35.1)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 34 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – Constitution of India, Article 21 -- Murder – Regular bail – Speedy trial – Right of -- Petitioner is behind the bars from the last 03 years, 11 months and 02 days -- Investigation is complete -- Charges were framed and trial of the case has not made much progress – Right to speedy trial is enshrined in Article 21 of the Constitution of India -- Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last Court -- If a person is deprived of his liberty under a procedure which is not reasonable, fair, or just, such deprivation would be violative of his fundamental right under Article 21 of the Constitution of India – Bail allowed.

(Para 7-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 2(u), 24 – Constitution of India, Article 136, 226 -- Additional Public Prosecutor -- Contractual appointment -- Regularisation of -- Petitioner has not been able to establish any right either statutory or constitutional so as to deserve the relief of regularisation -- Appointment of Additional Public Prosecutors is a structured procedure as provided under the Code of Criminal Procedure, 1973 and the relevant Rules prevalent in the particular State -- Thus, a claim for regularisation of a person working on the said post on contractual basis cannot be entertained as such relief would be contrary to law -- High Court committed no error in rejecting the Writ Petition -- Special leave petition dismissed.

(Para 3, 4)

Constitution of India, Article 226 -- Toll fee on National Highway – Non-maintainability of roads as per standard prescribed – Right of Road-user/ citizen -- Writ jurisdiction – Pendency of arbitration proceedings respondent-parties – Effect of -- Petitioner is a road user and he is paying toll fee whenever he travels from Madurai to Tuticorin or from Tuticorin to Madurai despite the fact that the said highway road is not being maintained as per the standards prescribed under the NHAI Act, 1988 -- Pendency of arbitration proceedings is not a ground to reject the writ petition, since the National Highways Authority of India is under obligation to maintain the highways properly and thereafter, collect toll fee from the road users -- Instead, they are maintaining the highway road in a bad condition – Held, collection of toll fee is impermissible and the road users are entitled for a good conditioned National Highways and then alone they are liable to pay toll fee -- Respondents 1 to 4 directed not to collect toll fee from the citizens / road users, who are travelling from Madurai to Tuticorin or from Tuticorin to Madurai till such time, the highways road is re-laid or maintained as per the standards prescribed under the NHAI Act, 1988.

(Para 8, 9)

A. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 57, 187, 483 – Constitution of India, Article 21, 22 (2) – Arrest of accused – Non-production before Magistrate – Regular bail – Right of -- Petitioner admitted in hospital for last 45 day after the date of his arrest – His status is not of a free person but of an arrestee -- No order u/s 187 BNSS was passed by the Magistrate -- In absence of any order of remand beyond the period of 24 hours from the time of his arrest, his arrest gets vitiated on completion of 24 hours in custody -- Since such non-production of the petitioner, even through video conferencing mode, beyond 24 hours in custody amounts to violation of Article 22(2) of the Constitution of India, his fundamental right to liberty guaranteed under Article 21 of the Constitution of India is also violated and, on that count, the petitioner is entitled to go on bail – Bail allowed.

(Para 14-18)

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 57, 187 – Constitution of India, Article 21, 22 (2) – Arrest – Production before Magistrate -- Arrestee shall have to be produced before the nearest Magistrate within 24 hours -- Where the arrestee is injured and requires urgent medical care have to be rushed to the hospital for providing urgent medical treatment -- However, in such cases also the Magistrate may ascertain the condition of the arrestee through video conferencing or personally visiting such arrestee -- After the arrest of a person if he is not released on bail, an order for remand to judicial custody has to be made -- Magistrate may authorize his detention either in judicial or in police custody -- Unless, such an order is passed, the initial arrest of the petitioner beyond the period of 24 hours from the time of his arrest, would become illegal.

(Para 15, 16)

A. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11, 21 -- Unilateral appointment of Arbitrator – Permissibility of -- Appointment of the 2nd Respondent as an Arbitrator is unilateral in nature, which is not permissible -- If the other party were not to respond to the request favourably, it was for party to approach this Court u/s 11 of the Act, seeking the appointment of any Arbitrator by High Court and not to appoint an Arbitrator by itself and proceed with the matter -- Orders passed by an arbitrator not properly appointed are nonest.

(Para 9)

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11, 21 – Appointment of Arbitrator – Notice suggesting name of Arbitrator – Non-consent to – Effect of -- A person who is the named Arbitrator in a notice issued u/s 21 of the Arbitration and Conciliation Act, 1996 cannot enter reference and pass orders without the other person consenting thereto, or without an order of appointment of Arbitrator by institution or a Court u/s 11 of the Arbitration and Conciliation Act, 1996.

(Para 10.10)

C. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11,  21 – Constitution of India, Article 226, 227 -- Appointment of Arbitrator without consent – Possession of hypothecated vehicle -- Misusing the arbitration mechanism – Writ jurisdiction -- Respondent appointed a private person as an Arbitrator without the consent of the other party – Respondent indulged itself in misuse of the Act, obtained so-called order from a unilaterally appointed Arbitrator for repossession of a vehicle using police help -- Actions on part of respondent by involving the jurisdictional police, abusing the process of law, misusing the arbitral mechanism would entitle High Court to exercise its powers under Article 226 and 227 of the Constitution of India to render effective justice to the Petitioners who have been deprived of their rights, by the above misuse on part of respondents -- If a Constitutional Court does not come to the rescue of the Petitioners, that would amount to denial of justice to the Petitioners, which cannot be countenanced under any law – Held, Writ Petition is maintainable.

Director General of Police directed to appoint a suitable officer not below the rank of Superintendent of Police to conduct an enquiry into the manner in which the above proceedings were held and submit a report within a period of six weeks -- If there are any other similar complaints received necessary enquiry in regard thereto would also have to be held.

(Para 10.9, 12.2, 12.3)

A. Indian Penal Code, 1860 (45 of 1860), Sections 306, 34 – Abetment to suicide -- Frequent quarrels – Ground of -- Frequent quarrels between the petitioner and the deceased arising out of misunderstandings and discord these alone are not sufficient to constitute an offence u/s 306 of the IPC -- Such disputes between a husband and wife may be considered part of the ordinary wear and tear of marital life and, without credible and substantial evidence, cannot be treated as instigation or abetment to suicide.

(Para 4)

B. Indian Penal Code, 1860 (45 of 1860), Sections 306, 34 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – Constitution of India, Article 21 -- Abetment to suicide – Regular bail -- Petitioner has already suffered incarceration of 1 year, 1 day and is a person of clean antecedents; co-accused has already been granted the concession of regular bail -- Investigation is complete, challan stands presented and charges framed, out of 14 prosecution witnesses, none has been examined so far -- Conclusion of trial is likely to take considerable time and therefore, detaining the petitioner behind the bars for an indefinite period would solve no purpose – Right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India -- This constitutional right cannot be denied to the accused -- Bail allowed.

(Para 4, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 37 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – Constitution of India, Article 21 – NDPS Case -- Commercial quantity -- Recovery of 3 Kg 500 grams of Sulfa (charas) – Regular bail -- FIR on secret information -- Alleged recovery from the public place -- Petitioner is behind bars for 01 year, 05 months and 02 days -- No criminal antecedents as he is not involved in any other case – Accused has a right of speedy trial -- Only 02 prosecution witnesses have been partially examined, out of total 17 prosecution witnesses -- Veracity of the allegations would be assessed only after the conclusion of the trial – Bail allowed.

(Para 4-10)

A. Rajasthan Judicial Service Rules, 2010, Rule 14 -- Appointment as judicial officer -- Employment by irregular or improper means -- Non-disclosure of former government service – Effect of -- Appellant submitted her resignation as teacher on 25.10.2018 much prior to her interview, which was conducted on 02.11.2018 -- Question of disclosing the past government service is certainly not a material irregularity or a serious misconduct for which she ought to be discharged from service especially when she has successfully completed her training without any blemish -- Not a case where the appellant has suppressed criminal antecedents, which may materially affect her commitment to the judiciary – Held, non-disclosure of past government service cannot be a ground for discharging the appellant -- Show cause notice as well as the order of discharge set aside.

(Para 17-21, 31)

B. Rajasthan Judicial Service Rules, 2010, Rule 44, 45, 46 – Constitution of India, Article 14, 16 – Appointment of judicial officer -- Discharge of probationer – Arbitrary or discriminatory discharge – Effect of -- Even though a probationer has no right to hold a post, it would not imply that the mandate of Articles 14 and 16 of the Constitution could be violated inasmuch as there cannot be any arbitrary or discriminatory discharge or an absence of application of mind in the matter of assessment of performance and consideration of relevant materials -- Thus, in deciding whether, in a given case, a termination was by way of punishment or not, the courts have to look into the substance of the matter and not the form.

(Para 26)

A. Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 15(2) --  Disciplinary proceedings -- Vagueness of charge-sheet – Ground of -- Chargesheet contain the charges against the Appellant supported by documents -- Charge against the Appellant was that she managed to get herself transferred from Kendriya Vidyalaya, Bangalore to Kendriya Vidyalaya, Bombay under a fake transfer order -- In this respect, the language of the said chargesheet is very clear and specific -- A common man on going through the same, would understand as to what were the charges which an employee was called upon to face and defend -- She was the sole beneficiary of the said transfer order -- Plea with regard to the vagueness of the chargesheet cannot be sustained.

(Para 18)

B. Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 15(2) – Constitution of India, Article 14 -- Disciplinary proceedings -- Non-supply of the copy of the Preliminary Inquiry Report – Ground of – It was never made the basis for coming to a conclusion in the regular Departmental Inquiry with regard to the guilt of the Appellant -- After the preliminary Inquiry, chargesheet was issued to the Appellant and thereafter a regular Departmental Inquiry was held where both the parties had led their respective evidence and on that basis the Inquiry Officer has returned his findings -- The principles of natural justice are founded on three fundamental rules that ensure fairness in legal and administrative proceedings.

-- Firstly, the Hearing Rule (Audi Alteram Partem) which mandates that no person should be judged without being given a fair opportunity to present his case.

-- Secondly, the Bias Rule (Nemo Judex in Causa Sua) which asserts that no one should act as a judge in its own case, thereby safeguarding impartiality and preventing any form of bias.

-- Lastly, the principle of Reasoned Decision, also known as Speaking Orders, requires every decision to be supported by valid and clearly stated reasons to promote transparency and accountability in the decision-making process.

Nothing on record which would indicate that the Appellant had ever sought for the Preliminary Inquiry Report after the issuance of the chargesheet -- No prejudice having been caused because of the non-supply of the preliminary Inquiry Report to the Appellant, the plea of violation of the principles of natural justice would not be available to the Appellant -- Court is not bound to simply accept an assertion of a delinquent employee and proceed to question the disciplinary proceedings without being satisfied with regard to any prejudice having been caused to the employee.

(Para 19-23)

C. Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 15(2) --  Constitution of India, Article 14 -- Disciplinary proceedings – Delay in conclusion -- Plea of prolongation of the Inquiry for 9 years – Held, mere delay during the inquiry proceedings, when it is explained with regard to the time taken for the inquiry to conclude and that too justifying the same with no prejudice having been caused, cannot be made the basis for vitiating the departmental proceedings -- Inordinate or unexplained delay in the departmental proceedings may be a justifiable ground if tampered with prejudice having been established to have been caused to the delinquent employee in the said process for interference by the Court -- Same is absent and therefore the said plea of delay fails.

(Para 25, 25)

A. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Benami Transactions (Prohibition) Act, 1988 (45 of 1988), Section 2(8)(9), 4 – Rejection of plaint -- Benami properties -- Whether a property is a benami, has to be considered not in the light of Section 4 of the Benami Act alone but also in connection with Sections 2 (8) and 2 (9) of the said Act i.e. whether the property if benami falls in the exception -- It is only where the property is benami and does not fall within the exception contained in Sub-Section (9) of Section 2 that a suit may be said to be barred -- However, the issue whether the property is benami and is not covered by the exception, is an issue to be decided on the basis of evidence and not simply on mere averments contained in the plaint -- Defendants have to adduce evidence to prove the property to be benami -- Plaint cannot be rejected at the stage of consideration of application under Order VII Rule 11 CPC.

(Para 27-29)

B. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Hindu Succession Act, 1956 (30 of 1956), Section 14 – Constitution of India, Article 136 -- Absolute property of hindu female -- Plea that plaint is hit by Section 14 of the Act -- No such specific plea was taken by the defendants in the application under Order VII Rule 11 CPC -- Such a plea was never raised and argued before either of the courts below -- There is no finding by any court on the above aspect -- Defendants cannot be permitted to raise such a plea for the first time in the Special Leave Petition without there being any foundation to that effect.

(Para 30)

C. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Hindu Succession Act, 1956 (30 of 1956), Section 14 – Absolute property of hindu female -- Section 14 of the Act simply provides that the property possessed by a female Hindu shall be held by her as a full owner -- It does not bar or prohibit a suit in respect of such a property -- Therefore, in the absence of any bar contained in the above provision, the suit plaint is not liable to be rejected as barred by law.

(Para 31)

A. Constitution of India, Article 233, 309 -- Promotion from Civil Judge (Senior Division) to the Higher Judicial Service -- Limited Departmental Competitive Examination (LDCE) – Quota – Eligibility -- All the High Courts and the State Governments in the country directed to amend the relevant service Rules to the effect that the quota of reservation for LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service is increased to 25%;

-- All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that the minimum qualifying service required to appear in the LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service be reduced to 3 years’ service as a Civil Judge (Senior Division) and the total service required to be undertaken, including service rendered as a Civil Judge (Junior Division) and Civil Judge (Senior Division), be set at a minimum of 7 years’ service;

If any post reserved for LDCE remains vacant, the same shall be filled through regular promotion on the basis of ‘merit-cum-seniority’ in that particular year -- Filling up of the vacant posts in the ratio considered for LDCE will have to be carried out from the simultaneous selection process carried out for regular promotions of the same year -- High Courts and the Governments of the States where the vacancies for the LDCE are not being calculated based on the cadre strength shall amend the relevant service rules to the effect that the vacancies for LDCE be calculated on the basis of cadre strength.

(Para 89 (i), (ii), (iv), (v))

B. Constitution of India, Article 234, 309 -- Promotion from the cadre of Civil Judge (Junior Division) to Civil Judge (Senior Division) -- Limited Departmental Competitive Examination (LDCE) – Quota – Eligibility -- All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that 10% of the posts in the Cadre of Civil Judge (Senior Division) be reserved for accelerated promotion of Civil Judge (Junior Division) candidates through LDCE mechanism -- The minimum qualifying service required for appearing in the said LDCE shall be three years’ service as Civil Judge (Junior Division) -- If any post reserved for LDCE remains vacant, the same shall be filled through regular promotion on the basis of ‘merit-cum-seniority’ in that particular year -- Filling up of the vacant posts in the ratio considered for LDCE will have to be carried out from the simultaneous selection process carried out for regular promotions of the same year.

High Courts and the Governments of the States where the vacancies for the LDCE are not being calculated based on the cadre strength shall amend the relevant service rules to the effect that the vacancies for LDCE be calculated on the basis of cadre strength.

(Para 89 (iii), (iv), (v))

C. Constitution of India, Article 234, 309 -- Promotion from Civil Judge (Senior Division) to the Higher Judicial Service -- All the High Courts and the State Governments in the country where the Rules are not framed or if they are framed but are not adequate to judge the suitability of a candidate for being promoted to the Cadre of Higher Judicial Service from the Cadre of Civil Judge (Senior Division) shall frame fresh Rules or amend the existing Rules keeping in mind various factors like:

(i) whether the candidate possesses updated knowledge of law;

(ii) the quality of judgments rendered by the Judicial Officer;

(iii) ACRs of the Judicial Officer of the preceding five years;

(iv) disposal rate in the preceding five years;

(v) performance of the Judicial Officer in the viva voce; and

(vi) general perceptions and awareness as also communication skills.

(Para 89 (vi))

D. Constitution of India, Article 234, 309 – Appointment/ Recruitment  as Civil Judge (Junior Division) – Minimum 3 year practice as an Advocate – Requirement of -- All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that candidates desirous of appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for a minimum period of 3 years to be eligible for the said examination -- Rules shall mandate that the candidate produces a certificate to that effect duly certified either by the Principal Judicial Officer of that Court or by an advocate of that Court having a minimum standing of 10 years duly endorsed by the Principal Judicial Officer of such a District or a Principal Judicial Officer at such a station -- Insofar as the candidates who are practicing before the High Courts or this Court, they shall be certified by an advocate who has a minimum standing of 10 years duly endorsed by an officer designated by that High Court or this Court -- Experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country should also be considered while calculating their total number of years of practice -- The Rules shall also mandate that the candidates who are appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least 1 year of training before presiding in a Court;

-- number of years of practice completed by a candidate desirous of appearing in the examination for the post of Civil Judge (Junior Division) be calculated from the date of their provisional enrolment/registration with the concerned State Bar Council;

-- said requirement of minimum years of practice shall not be applicable in cases where the concerned High Court has already initiated the selection process for the post of Civil Judge (Junior Division) prior to the date of judgment and shall be applicable only from the next recruitment process.

(Para 89 (vii)-(ix))

Constitution of India, Article 226 -- Transfer of employee – Challenge to -- Writ jurisdiction -- It is settled proposition of law that scope of interference in transfer matters is very limited -- It is the employer or higher authorities who have to decide posting of employees -- The Court cannot determine place of posting of employees -- The authorities, in the interest of administration as well public interest has to transfer its employees -- Transfer is an integral part of service -- There is no evidence disclosing that the petitioner has been transferred with mala fide intention or there is violation of policy – Writ petition dismissed.

(Para 4-7)

A. Constitution of India, Article 229 -- Appointment of Court Managers – Uniform Service conditions – Rules for appointment -- All the High Courts in the country shall frame or amend the rules providing for recruitment and conditions of service of Court Managers, by taking the Assam Rules of 2018 as the model Rules, and submit it to the State Government for approval within a period of 3 months from the date of judgment -- High Courts and the State Governments would be at liberty to make suitable modifications/changes so as to suit their peculiar needs -- Upon receipt of the rules framed or amendments thereof by the High Courts, the respective State Governments shall finalise and grant approval to the same within a further period of 3 months:

-- Minimum rank/ class of such Court Managers should be of a Class-II Gazetted Officer for the purpose of basic pay, allowances and other service benefits;

-- Court Managers appointed in the High Courts shall work under the directions and supervision of the Registrar General/ Registrars of the High Courts. Insofar as the Court Managers appointed in the District Courts are concerned, they shall work under the supervision and control of the Registrars/Superintendents (Head of the Ministerial Staff) of the concerned courts;

-- While determining the duties, functions and the responsibilities of the Court Managers, the Rules Committee of the High Courts shall ensure that their duties, functions and responsibilities do not overlap with that of the Registrars of the High Court/District Courts.

(Para 44)

B. Constitution of India, Article 229 -- Regularization of Court Managers – Court Managers, who are already working either on contractual or consolidated pay basis or on ad hoc basis shall be continued and regularized subject to their passing the suitability test as will be provided in the rules to be framed by the respective High Courts and approved by the respective State Governments;

-- entitled to regularization from the date of their initial appointment.

-- benefits of such a regularization though would entitle them for continuity in service for all the purposes including terminal benefits, they would not be entitled for the arrears, if any, on account of difference between salary for the period from the date on which they are working till the date of their actual regularization;

-- process of regularization of the Court Managers shall commence and be completed within a period of 3 months from the date of approval of the rules by the respective State Governments;

-- respective Registrar Generals of the High Courts and the Chief Secretaries of the State Governments shall be personally responsible for adhering to the aforesaid timelines.

(Para 44)

A. Constitution of India, Article 14, 16, 226 -- Reservation in Public appointment – Certificate of caste – Requirement of -- Irrespective of whether an aspirant for public employment belongs to a particular community like SC/ ST/ OBC, the status claimed by him for being accorded the benefit of reservation is per se not decisive -- Such status has to be certified by the competent authority upon following due process and identification that the aspirant is what he claims to be -- Requirement in question is no less mandatory and must be scrupulously followed -- Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment -- There cannot be different yardsticks for different sets of aspirants -- Non-compliance with the terms of the advertisement/ notification is bound to trigger adverse consequences of rejection of the aspirant’s claimed status by the selecting body/ appointing authority, should he choose not to adhere to the same.

(Para 14)

B. Constitution of India, Article 14, 16, 226 -- Advertisement for public appointment – Challenge to – Scope of -- Terms of an advertisement issued in connection with a selection process are normally not open to challenge unless the challenge is founded on the ground of breach of Article 16 of the Constitution or, for that matter, Article 14 -- Once an advertisement is issued inviting applications for public employment, it is the responsibility, nay duty, of an aspirant to read and note the terms and understand what its requirements are -- If any aspirant finds any of the terms ambiguous and there is scope for an inquiry inbuilt in the advertisement or is provided by any rule/regulation, an effort ought to be first made to obtain clarity for understanding the requirements accurately.

(Para 19)

A. Electricity Act, 2003 (36 of 2003), Section 135-140, 145, 150, 154 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Electricity actionable matters -- Jurisdiction of Civil Court -- Purposive interpretation -- All the actionable matters become amenable for exercising of jurisdiction thereover by the statutorily created special authorities/ special bodies -- There is complete ouster of adjudicatory jurisdiction by the Civil Courts.

(Para 30-32, 34)

B. Electricity Act, 2003 (36 of 2003), Section 126, 127, 135, 145, 154 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Theft of electricity – Jurisdiction of Civil court -- Not only in respect of Section 126 and Section 127 of the Act of 2003 but also in respect of the matters falling within the ambit of Section 135 of the Act of 2003, there is complete ouster of jurisdiction of the Civil Courts.

(Para 33)

C. Electricity Act, 2003 (36 of 2003), Section 151A, 153, 154 – Code of Criminal Procedure, 1973 (2 of 1974), Section 173 – Constitution of India, Article 21 -- Investigation by police – Offences tried by the Special Courts – Summary trial – Cross-examination of witnesses – Permissibility of -- Powers of investigations conferred upon the investigating officers serving in the police stations stems from the mandate enclosed in Section 151-A -- Reports prepared u/s 173 Cr.P.C., are to be filed before the Special Courts – Even a summary trial, does require the assigning of an opportunity to the accused to make effective cross-examination(s) upon the prosecution witnesses, as right to fair trial becomes envisaged in Article 21 of the Constitution of India.

(Para 39-41)

D. Electricity Act, 2003 (36 of 2003), Section 135, 154 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Theft of electricity – Civil liability – Jurisdiction of Civil Court – Only pursuant to a binding and conclusive verdict of conviction becoming made by the Special Court, vis-a-vis the errant consumer, the Special Court in terms of sub-Section (5) of Section 154 of the Act of 2003, shall proceed to determine the compensation amount to be paid by the consumer concerned, to the supplier.

(Para 44)

E. Electricity Act, 2003 (36 of 2003), Section 152, 154(5), 155 – Composition of offence – Civil liability -- Makings of composition(s) of an offence in terms of Section 152 of the Act of 2003, would tantamount to acceptance of the guilt by the errant consumer -- Post the making of an order of composition, if the compounding fee, does not also cover the civil liability, the Court concerned may proceed to determine the civil liability against the errant consumer.

(Para 48)

F. Electricity Act, 2003 (36 of 2003), Section 135, 154 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Theft of electricity – Prosecution in Special court – Acquittal – Compensation for malicious prosecution – Jurisdiction of civil court -- There is no remedy to the accused, to post the making of a binding and clinching verdict of acquittal by the Special Court -- As such, in respect of the claim of malicious prosecution, a suit in the said regard can be laid before the Civil Court of competent jurisdiction.

(Para 53)

G. Electricity Act, 2003 (36 of 2003), Section 145 -- Constitution of India, Article 226, 227 -- Jurisdiction of High Court – Judicial review -- Jurisdiction of the High Courts to issue writs of various genres, is a constitutionally invested power, and, the said power is an in-segregable component of judicial review of administrative actions, or of the quasi-judicial actions, besides is the basic structure of the constitution -- As such, the power of judicial review of High Courts cannot be snatched even through the occurrence of Section 145 in the Act of 2003.

(Para 54)

Constitution of India, Article 226 -- Long pendency of FIR – Withholding of retiral benefits – Legality of -- Right of employee -- Challan was presented before the Trial Court on 08.02.2005 -- Petitioner virtually retired in July’ 2018 -- He is unable to get his retiral dues because of aforesaid FIR -- He cannot be held guilty for non-adjudication of aforesaid FIR -- The fault lies either with the Police Authorities or Public Prosecutor or Court Staff -- Respondent-State has no authority to withhold petitioner’s dues on account of pendency of aforesaid FIR -- State directed to release retiral dues of the petitioner -- If within two months, the Department is able to establish that petitioner was held guilty in aforesaid FIR, the status of retiral dues would be considered as per law.

(Para 8, 9)

A. Constitution of India, Article 19(1)(a), 19(2) – Freedom of speech – Contempt proceedings -- Postponement of publication – Reasonable restriction -- If a member of the public or a litigant or for that matter even the media tries to scandalize the court by making sweeping unfounded allegations against the court or the Judge(s) or by imputing motives against the Judge or Judges who had passed a judicial order or had conducted the court proceedings, certainly the courts would be justified to initiate criminal contempt proceedings against such contemnors -- This would also be a ground to direct postponement of publication as contempt of court is a reasonable restriction enumerated under Article 19(2) on the freedom of speech and expression under Article 19(1)(a).

(Para 28)

B. Constitution of India, Article 19(1)(a), 19(2) – Freedom of speech –  Judiciary and Media -- For the improvement of any system and that includes the judiciary, introspection is the key -- That can happen only if there is a robust debate even on issues which are before the court -- Both the judiciary and the media are the foundational pillars of democracy which is a basic feature of our Constitution -- For a liberal democracy to thrive, both must supplement each other -- The above position has become more nuanced in the digital age.

-- By impugned order Division Bench of the High Court found prima facie that the comments on the impugned order passed by the learned Single Judge and the discussion on the observations made by this Bench amount to interference in court proceedings and violation of the subjudice principle by a party to the proceeding and borders on contempt, directed the Wikimedia Foundation Inc. to take down/delete the said pages within thirty six (36) hours.

Held, Division Bench had reacted disproportionately while issuing the impugned directions – Impugned directions contained of the impugned order set aside.

(Para 2, 31-33)

A. Constitution of India, Article 142 -- Hindu Marriage Act, 1955 (25 of 1955), Section 13 -- Divorce -- Irretrievable breakdown of marriage -- Having considered the prolonged period of separation and the multiple failed attempts at reconciliation, which clearly indicate that there is no possibility of reunion, as well as their age (both are quinquagenarian) – It would be in the best interest of both the parties, and their daughter too, to put a quietus to this protracted litigation --  Marriage between the parties dissolved by a decree of divorce.

(Para 9-11)

B. Constitution of India, Article 142 -- Hindu Marriage Act, 1955 (25 of 1955), Section 13 -- Divorce -- Irretrievable breakdown of marriage -- Respondent-husband has vehemently opposed the prayer for dissolution of marriage contending that none of the available grounds on which a Hindu marriage could be dissolved is present – Held, same is not a bar to exercise powers under Article 142 of the Constitution; more particularly when Court is satisfied that it is a case of irretrievable breakdown of marriage – Divorce granted.

(Para 12, 13)

Constitution of India, Section 226 – Promotion of employee – Right to be considered --  Appellant was proceeded against both departmentally and under the criminal law -- Criminal case being lodged in which he was arrested but later acquitted -- Departmental proceedings set aside in 2009 by the Government -- In such circumstances, the appellant could not have been disentitled from a consideration in the year 2019 -- Writ petition was also filed in the year 2019 – Held, appellant must be considered for promotion, dehors any disentitlement due to his having become overaged -- The consideration will be made and if found eligible, he shall be promoted from 2019 and consequential benefits also shall be paid to him -- It is trite that the employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified; which right has been impinged, unjustly, in the case – Appeal allowed.

(Para 4)

Indian Penal Code, 1860 (45 of 1860), Section 500, 34 – Constitution of India, Article 19(1)(a)(b)(c) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of defamation complaint – Appellant-homebuyers, dissatisfied with the services provided by developer, erected a banner detailing their grievances -- Peaceful and orderly protest made without using offensive or abusive language -- It could not be said that the appellants transgressed into the offending zone -- Their case wholly falls within the sweep, scope and ambit of exception 9 to Section 499 -- Their peaceful protest is protected by Article 19(1)(a) (b) and (c) of the Constitution of India -- Criminal proceedings levelled against them, if allowed to continue, will be a clear abuse of process -- Complaint along with the order issuing summons to the appellants u/s 500 read with Section 34 of the IPC quashed and set aside.

(Para 30-35)

A. Constitution of India, Article 309 -- Recruitment initiated – Advertisement made – Non-challenge to – Effect of -- Private respondent did not challenge the advertisement in its entirety (nor did anyone else) -- Hence, the advertisement holds the field and it is only under this advertisement that the respective rights of the appellant and private respondent can be determined.

(Para 15)

B. Constitution of India, Article 309 – Recruitment initiated – Advertisement made – Midway change – Permissibility of -- Recruitment process had begun with the publication of the advertisement calling for applications and the process ends with filling of the vacancies -- The selection process had begun and midway changes could not have taken place – Held, once an eligibility criteria was declared by means of a fresh Advertisement, the same cannot be changed midway through the recruitment process, as the same would tantamount to ‘changing the rules of the game, after the game is played’.

(Para 16, 21)

C. Constitution of India, Article 309 – Advertisement made – Qualified candidate – Right of -- Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed as she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.

(Para 23)

A. Industrial Disputes Act, 1947 (14 of 1947), Section 33, 33A – Constitution of India, Article 226 -- Loss of confidence in employee – Pleadings – Requirement of -- Illegal discharge/ dismissal from service – Effect of -- Findings with regard to the loss of confidence in an employee can be returned by the learned Labour Court provided it is pleaded and proved by the employer that :

(a) the workman is holding a position of trust and confidence;

(b) by abusing such position, he commits acts which result in forfeiting the same;

(c) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental of the discipline or security of the establishment.

No such pleading that there was a loss of confidence in the employee -- Court is a slave of pleadings and adjudication has to be within the ambit of the pleadings of the parties and the evidence which is led by the parties to substantiate the pleadings --  Conclusions cannot be drawn by the Court in air on its own whims and fancies without taking into consideration the respective contentions and stand of the parties – Findings returned to this effect by learned Labour Court are perverse, bad, beyond the pleadings and not sustainable in law – Writ allowed, petitioner is deemed to have continued in service as from the date of his illegal dismissal, entitling him to all benefits available, monetary and otherwise.

(Para 16-26)

B. Industrial Disputes Act, 1947 (14 of 1947), Section 33, 33A – Loss of confidence in employee – Non-approval by Labour Court -- Discharge/ Dismissal from service – Effect upon -- If the approval sought by the employer under Section 33(2)(b) of the Industrial Disputes Act is not granted by the learned Labour Court, then nothing more is required to be done by the employee as it will have to be deemed that the order of discharge or dismissal was never passed and consequence of it is that the employee is deemed to be in continuous service, entitling him all the benefits.

(Para 24)

Constitution of India, Article 243U -- President of Municipal Council -- Conversion of Municipal Council to Corporation – Contention that as term of Municipal Council is five years, in accordance with the Constitutional provisions, the Council has a right to continue for a period of five years – Held, Article 243-U shall have its forcibility provided the Council is still there -- If a decision is taken by the State to convert a Council into a Corporation then, as from the date when the Council become a Corporation, its term would end automatically.

(Para 6, 7)

Constitution of India, Article 226 -- Writ petition – Challenge to orders of quasi-judicial authorities -- Cause of action arose to father – Locus standi of son after 30 year -- Father of the petitioners died in the year 2015 -- Orders which now being assailed by the petitioners was in existence for almost 30 years as till the date when the father of the petitioners died and in his wisdom the father of the petitioner, never assailed it – Held, petitioners do not have any locus to file and maintain the writ petition.

(Para 3, 4)

A. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 173 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 154 – Cognizable offence – Registration of FIR -- Sub-Section (3) of Section 173 of the BNSS makes a significant departure from Section 154 of CrPC.

-- It provides that when information relating to the commission of a cognizable offence which is made punishable for 3 years or more but less than 7 years is received by an officer-in-charge of a police station, with the prior permission of a superior officer as mentioned therein, the police officer is empowered to conduct a preliminary inquiry to ascertain whether there exists a prima facie case for proceeding in the matter.

-- Sub-Section (3) of Section 173 of the BNSS is an exception to sub-Section (1) of Section 173.

Under sub-Section (3) of Section 173 of the BNSS, after holding a preliminary inquiry, if the officer comes to a conclusion that a prima facie case exists to proceed, he should immediately register an FIR and proceed to investigate. But, if he is of the view that a prima facie case is not made out to proceed, he should immediately inform the first informant/complainant so that he can avail a remedy under sub-Section (4) of Section 173.

(Para 42(i)(ii))

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 173 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 196, 197, 299, 302 – Promoting enmity – Prejudicial to national integration – Intent to insult religion feelings -- Registration of FIR – Preliminary enquiry – Requirement of -- Police officer to whom information is furnished will have to read or hear the words written or spoken, and by taking the same as correct, decide whether an offence under Section 196 is made out -- Reading of written words, or hearing spoken words will be necessary to determine whether the contents make out a case of the commission of a cognizable offence -- Same is the case with offences punishable under Sections 197, 299 and 302 of BNS -- To ascertain whether the information received by an officer-in-charge of the police station makes out a cognizable offence, the officer must consider the meaning of the spoken or written words -- This act on the part of the police officer will not amount to making a preliminary inquiry which is not permissible under sub-Section (1) of Section 173.

(Para 42 (iii))

C. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 173 -- Constitution of India, Article 19 – Life and liberty – Freedom of speech – Reasonable restrictions – Preliminary enquiry for FIR -- Article 19(1)(a) confers a fundamental right on all citizens to freedom of speech and expression -- Police machinery is a part of the State within the meaning of Article 12 of the Constitution -- Moreover, the police officers being citizens, are bound to abide by the Constitution -- They are bound to honour and uphold freedom of speech and expression conferred on all citizens -- Clause (2) of Article 19 of the Constitution carves out an exception to the fundamental right guaranteed under sub-clause (a) of clause (1) of Article 19 -- If there is a law covered by clause (2), its operation remains unaffected by sub-clause (a) of clause (1) -- When an allegation is of the commission of an offence covered by the law referred to in clause (2) of Article 19, if sub-Section (3) of Section 173 is applicable, it is always appropriate to conduct a preliminary inquiry to ascertain whether a prima facie case is made out to proceed against the accused -- This will ensure that the fundamental rights guaranteed under sub-clause (a) of clause (1) of Article 19 remain protected -- Therefore, in such cases, the higher police officer referred to in sub-Section (3) of Section 173 must normally grant permission to the police officer to conduct a preliminary inquiry.

(Para 42(iv)(v))

D. Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 196 – Promoting enmity – When an offence punishable under Section 196 of BNS is alleged, the effect of the spoken or written words will have to be considered based on standards of reasonable, strong-minded, firm and courageous individuals and not based on the standards of people with weak and oscillating minds -- The effect of the spoken or written words cannot be judged on the basis of the standards of people who always have a sense of insecurity or of those who always perceive criticism as a threat to their power or position.

(Para 42(vi)

E. Constitution of India, Article 226 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Quashing of FIR -- Investigation is at a nascent stage -- There is no absolute rule that when the investigation is at a nascent stage, the High Court cannot exercise its jurisdiction to quash an offence by exercising its jurisdiction under Article 226 of the Constitution of India or under Section 482 of the CrPC equivalent to Section 528 of the BNSS --   When the High Court, in the given case, finds that no offence was made out on the face of it, to prevent abuse of the process of law, it can always interfere even though the investigation is at the nascent stage -- It all depends on the facts and circumstances of each case as well as the nature of the offence -- There is no such blanket rule putting an embargo on the powers of the High Court to quash FIR only on the ground that the investigation was at a nascent stage.

(Para 42(vii)

F. Constitution of India, Article 19(1(a) -- Free expression of thoughts and views by individuals or group of individuals is an integral part of a healthy civilised society -- Without freedom of expression of thoughts and views, it is impossible to lead a dignified life guaranteed by Article 21 of the Constitution -- In a healthy democracy, the views, opinions or thoughts expressed by an individual or group of individuals must be countered by expressing another point of view -- Even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected -- Courts are duty-bound to uphold and enforce fundamental rights guaranteed under the Constitution of India -- If the police or executive fail to honour and protect the fundamental rights guaranteed under Article 19 (1)(a) of the Constitution, it is the duty of the Courts to step in and protect the fundamental rights -- There is no other institution which can uphold the fundamental rights of the citizens.

(Para 42(viii)

G. Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 196 – Promoting enmity/ hatred – It cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities -- Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society.

(Para 42(ix)

Constitution of India, Article 226 – Writ jurisdiction – Three post of Steno advertised – Four additional person appointed, including appellants  -- Termination – Non-payment of salary -- State as well as the High Courts are expected to be model litigants -- The High Court is not expected to take a hyper-technical view, when dealing with the case of payment of salary of the employees of the District Judiciary, who have actually put in eight years of service -- Respondents directed to pay the salary of the appellant and other similarly circumstances persons for the period during which they have actually worked in the District Court along with interest at the rate of 6% per annum from the date on which the salaries ought to have been paid to them -- Appellant would also be entitled to costs quantified at Rs.1 lakh.

(Para 4.1, 12, 13-17)

Constitution of India, Article 226 – Delayed submission of Medical bill for re-imbursement of deceased employee beyond 90 days – Rejection of – Permissibility of -- If an employee has died during treatment, his wife/ heirs should not be harassed for technical reasons -- Such a rule that prescribes for submitting medical bills for reimbursement may at times be put to strict compliance where employee is alive but in case of heirs where employee has died during treatment, such rules should not be permitted to come in the way of reimbursement of genuine claims of medical bills -- Petitioner directed to submit again the medical bills within a period of four weeks, concerned respondent shall clear the same as per relevant rules by taking appropriate decision within a period of two weeks.

(Para 6, 7)

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 14 – Constitution of India, Article 226, 300A -- SARFAESI – Assets Recovery Company as Assignee -- Possession by police officer – Permissibility of – Maintainability of writ -- Section 14 empowers the District Magistrate or the Chief Metropolitan Magistrate to take possession of the property -- Section 14(1-A) further empowers the District Magistrate or the Chief Metropolitan Magistrate to “authorized any Officer subordinate to him” to take possession of the said assets.

-- ADM delegated the Additional Commissioner of Police with a further power to delegate it to a Police Officer for taking the possession -- In addition, the petitioners were also deprived of their possession over movable assets (which were not hypothecated/ mortgaged).

Possession of the immovable and the movable assets have been taken by the Government Authorities -- Remedy of issuance of a writ court be available as prima facie, there was a violation of the rights vested by virtue of Article 300A of the Constitution of India -- Writ petition allowed, however, with liberty to take possession in accordance with law strictly in terms of the mandate of Section 14 (1-A) of the SARFAESI Act.

(Para 17-25)

Constitution of India, Article 14 -- Uttar Pradesh Judicial Service Rules, 2001, Rule 24(4) -- Scuffle between judicial officers -- Discharge of Probationer Judicial Officers – Rule of natural justice -- Order of discharge of services of petitioners as probationer are clearly stigmatic which required inquiry prior to discharge from service -- Since the order of discharge of service of petitioners is punitive in nature, the maxim of Audi alterm partem was required to be followed prior to their discharge.

(Para 7, 94)

Constitution of India, Article 226 – Writ jurisdiction -- Judgment reserved -- Vacation of stay order – Requirement of law -- Interim relief was in operation for two and a half years -- While reserving the order, fairness required that the interim relief should have been continued for a reasonable time to enable the appellant to challenge the order vacating stay – Direction given that interim order shall continue to operate till the order/judgment in the writ petition is pronounced -- If the writ petition is dismissed, the High Court will extend the interim relief for a reasonable time to enable the appellant to challenge the final order.

(Para 3, 4)

Constitution of India, Article 226 -- Challenge to reservations rules in Public Interest Litigation – Maintainability of -- Concern of the petitioner for maintaining the percentage of reservation of seats in medical specialities for the reserved category candidates could be genuine but, unless the specific cases of the candidates arise for consideration before the Court, such an issue cannot be decided in abstract -- Such a question cannot be considered in a Public Interest Litigation -- Writ petition disposed of with observation that whenever any such issue arises for consideration before any of the High Courts, the High Courts would consider the same on its individual merits, in accordance with law.

(Para 2, 3, 16-18)

Constitution of India, Article 225, 226 -- Power of Chief Justice – Roaster of Court – Judgment/ Order without Roster – Writ jurisdiction -- A judicial order based on consent of the parties, which is in the teeth of the Writ Rules and seeks to unsettle and even override the determination made by the Chief Justice, could not have vested jurisdiction in the appellate court to hear the pending writ petition -- As a sequitur, the Division Bench which passed the impugned order could not have assumed unto itself the jurisdiction to decide the writ petition based on the earlier order -- Chief Justice of the High Court, being the primus inter pares, has been vested with the power and authority to set the roster -- Such roster is final and binding on all the ‘Companion Justices’ of the said court -- Plainly, therefore, the impugned order are without jurisdiction -- Writ petition revived, Chief Justice of the High Court requested to assign the writ petition to an appropriate bench for its consideration and disposal.

(Para 7-9)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release -- When the Presiding officer's opinion is sought, the Presiding Officer must submit his opinion at the earliest considering the fact that the issue of liberty of the convict is involved.

(Para 20)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release -- Duty of Government -- It is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy -- It is not necessary for the convict or his relatives to make a specific application for grant of permanent remission -- District Legal Services Authorities shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release, they shall do the needful -- The State Legal Services Authorities shall endeavour to create a portal on which the data as aforesaid can be uploaded on real time basis.

(Para 21(a)(g))

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Policy for -- States and Union Territories that do not have a policy dealing with the grant of remission in terms of Section 432 of the CrPC or Section 473 of the BNSS to formulate a policy within two months.

(Para 21(b))

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Speaking order -- Communication of -- Order granting or refusing the relief of permanent remission must contain brief reasons -- The order containing reasons should be immediately communicated to the convict through the office of the concerned prison -- The copies thereof should be forwarded to the Secretaries of the concerned District Legal Services Authorities -- It is the duty of the prison authorities to inform the convict that he has the right to challenge the order of rejection of the prayer for the grant of remission.

(Para 21(d))

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Remission – Cancellation of – Opportunity of hearing -- An order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict -- An order of cancellation of permanent remission must contain brief reasons.

(Para 21(e))

A. Constitution of India, Article 245 -- functus officio -- Rule-making power of the legislature cannot be curtailed or nullified by application of the concept of functus officio -- The principle of functus officio normally applies to a judicial forum or a quasi-judicial authority and would have no application to the rule-making authority which is within the domain of the State Government by virtue of Article 245 of the Constitution of India.

(Para 42)

B. Constitution of India, Article 14, 226, 245 -- Statutory rules – Rule of natural justice – Opportunity of hearing – Requirement of -- It is a well-settled principle of law that while administrative actions and statutory rules that impact citizens’ rights are subject to judicial review, the notion that the State must provide a prior hearing to affected individuals during the exercise of its rule-making power is fundamentally flawed.

(Para 45)

Constitution of India, Article 226 -- Banking Regulation Act, 1949 (10 of 1949), Section 5, 5A, 22(3)(4), 36AD – Matrimonial dispute/ FIR -- Freezing of Bank account -- Maintainability of writ against Schedules Private Bank – Petitioner company deposited more than 10 crores in its current account maintained with the respondent bank -- Withdrawal of amount belonging to petitioner from its current account withheld by the respondent bank on account of its unilateral decision to freeze the petitioner’s bank account on the request of third respondent (wife) of Authorsed signatory/ Director.

-- No order passed by any competent court to freeze the petitioner’s bank account.

-- No action or order of the investigating authority in any criminal case to freeze such bank account, either.

-- No provision exists in law conferring authority upon the respondent bank to adjudicate private claims of the Director regarding their matrimonial dispute.

Respondent bank has no jurisdiction to entertain the request of the third respondent and thereby freeze petitioner’s account and deny withdrawal -- Objection of the respondents with regard to maintainability of the writ petition dismissed -- Writ petition allowed, order passed by the respondent bank quashed.

(Para 1, 25-32)

A. Constitution of India, Article 226 -- Show cause notice – Challenge to -- Writ jurisdiction -- Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides.

(Para 16)

B. Indian Contract Act, 1872 (9 of 1872), Section 74 -- Breach of contractual obligations -- Punitive measures – Blacklisting of contractor -- A mere allegation of breach of contractual obligations without anything more, per se, does not invite any such punitive action.

(Para 34)

Constitution of India, Article 226 -- M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979 -- Part time sweeper – Regular pay scale -- Appellants were appointed on the ground of recommendation of the Selection Committee constituted by Collector, against the vacant posts as part time sweepers at Collector’s prescribed rates -- Appellants were appointed for posts reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes under Special Recruitment Drive -- They are covered under Clause 6 of the Circular dated 10.05.1984 since they have completed three years and fulfil all the conditions stipulated in the Circular to grant revised pay-scale -- Designation as ‘part-time’ sweepers does not affect the validity of their appointment since they were appointed against sanctioned posts nevertheless -- Appellants fighting this battle for regular pay-scale since 2016 and they have extended their service to the State for substantial years -- But more importantly they have proven that their situation is covered under the State issued Circular and Rules – Held, it confers upon them a legal right to avail regular pay-scale.

(Para 13-18)