Rajasthan Prisoners (Release on Parole) Rules, 1958, Rule 9, 14(c) – Constitution of India, Article 226 -- Permanent parole – Overstay in earlier parole – Effect of – Conviction for life in offence u/s 148, 342, 458, 396, 397, 398 of IPC -- Jail conduct of the petitioner is satisfactory -- Petitioner has served the actual sentence for a period of more than 15 years, therefore, the petitioner is entitled for permanent parole as per Rule 9 -- Overstaying of the petitioner after being released on parole would not fall under Rule 14(c) -- Writ petition (parole) allowed -- Respondents directed to release the petitioner on permanent parole

(Para 2, 10, 11)

A. Constitution of India, Article 226 – Writ jurisdiction -- Delay and laches -- Delay defeats equity -- Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India -- Ultimate discretion to be exercised by the writ court depends upon the facts that it has to travel or the terrain in which the facts have travelled.

(Para 9, 10)

B. Constitution of India, Article 226 -- Allotment of distributorship – Writ jurisdiction – Delay and laches -- Writ petitioner was a rival applicant for grant of LPG distributorship – Appellant was held to be successful by and allotted distributorship by virtue of draw of lots in 2014 – Same was challenged in the year 2017 and thereby the writ petitioner had allowed his right if at all if any to be drifted away -- Being no stiff opposition or strong resistance to the alternate land offered by the appellant not being as per the specifications indicated in the advertisement, no reason to substitute the court’s view to that of the experts/ Corporation which has in its wisdom has exercised its discretion – Ld. Single Judge dismissed the writ petition, LPA Bench allowed the writ – Order of the Learned Division Bench set aside and order of Ld. Single Judge restored.

(Para 6, 11-14)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B – Constitution of India, Article 14, 21 -- FIR against petitioner -- Right to go abroad -- Mere involvement of the petitioner in a criminal case cannot be made the basis to reject his prayer to travel abroad, more so, when the petitioner has undertaken to abide by all the conditions to be imposed by the Court -- Right to travel is a fundamental right and there is no law depriving a person of such right -- Investigation at initial stage -- Petition allowed, petitioner permitted to travel abroad subject to the conditions.

(Para 12)

Constitution of India, Article 14 -- Black listing/ Debarment of Contractor – Deemed debarring on termination of contract – Show cause notice -- As per the circular, issuing of a notice is mandatory in nature in cases of non-performance or debarring/ penalizing a contractor/ concessionaire -- A notice pertaining to non-performance and termination does not inherently imply association with the prospect of debarment -- There should have been a separate Show Cause Notice issued to the concerned entity/ person with respect to debarment.

(Para 28)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120-B – Constitution of India, Article 142 – Cheque bounce complaint / FIR -- Compounding of offence – No consent of complainant – Quashing of criminal proceedings -- Initially, both sides agreed to compound at the appellate stage but the appellant could not pay the amount within the time – Now appellant has paid the entire amount with interest – Appellant in jail for more than 1 year before being released on bail – Now no purpose to keep the proceedings pending – Transaction between the parties was purely civil in nature which does not attract criminal law -- Even though complainant is unwilling to compound, proceedings must come to an end – While exercising powers under Article 142 of the Constitution, criminal proceedings in FIR and criminal appeals against conviction u/s 138 of the NI Act quashed and sentence awarded by the trial court set aside.

(Para 13-15)

Constitution of India, Article 21, 226 -- Live-in relationship -- Life and liberty – Police protection -- Every person, more so, a major, has the right to live his / her life with a person of his / her choice -- Petitioner no.1 is not legally divorced from her spouse -- Without commenting upon the legality of the relationship, respondent no.2 directed to consider the representation and to assess the threat perception to the petitioners and after considering the same, respondent no.2 shall take appropriate action in accordance with law.

(Para 2, 9-13)

Constitution of India, Article 16 – SC-Ex-serviceman – Appointment in SC category – Later deemed appointment in SC-Ex-serviceman category – Permissibility of -- Respondent had accepted his appointment as M.O. (Dental) against the post that was advertised only for SC category and appointed as such on 31.05.1993 -- Respondent’s claim for his deemed appointment as an ex-serviceman (SC) against the post advertised by the State on 31.10.1996 is not tenable.

(Para 3)

Constitution of India, Article 226, 227 -- Medical reimbursement – Treatment at unapproved hospital – After an accident, the petitioner went to Government Hospital from where he was referred to PGIMS Rohtak being in critical condition – Petitioner got shifted from PGIMS Rohtak to a private hospital because of want of ventilator, which was a lifesaving device – Petitioner was put on ventilator and his life was saved -- Legitimate rights of reimbursement cannot be defeated -- Respondent-Nigam directed to pay the balance of the medical reimbursement to the petitioner within a period of two months.

(Para 6-8)

Constitution of India, Article 226, 227 -- Service matter -- Show cause notice – Writ jurisdiction -- Charge-sheet or the inquiry proceedings cannot be challenged unless there is some adverse order passed in pursuance to the said inquiry proceedings -- Ordinarily no writ lies against the show-cause notice and the writ petition cannot be entertained as a matter of routine.

(Para 6)

A. Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 9 – Constitution of India, Article 227 -- Appointment of Local Commissioner – Maintainability of revision -- No revision would be maintainable against an order dismissing an application for appointment of a Local Commissioner -- It is trite that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.

(Para 6)

B. Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 9 -- Appointment of Local Commissioner – Demarcation of land -- Prima facie there does not appear to be any dispute regarding demarcation of the land inasmuch as the suit simpliciter is for possession and mandatory injunction -- It is for the plaintiff-petitioner to prove her case and she cannot take the aid of the Court agency for creating evidence for her – Application for appointment of Local Commissioner dismissed.

(Para 8, 9)

Land Acquisition Act, 1894 (1 of 1894), Section 4, 6 – Limitation Act, 1963 (36 of 1963), Section 27 – Constitution of India, Article 226 -- Acquisition of land – Right of subsequent purchaser – Adverse possession – Plea of -- Award was announced on 22.01.1992 -- Possession of the acquired land including the disputed land was taken over by HSVP vide Rapat dated 26.01.1992 -- Petitioner purchased the disputed land vide sale deed dated 15.04.1997 -- Sale transaction after finalization of the acquisition proceedings would not confer any right or benefit on the petitioner -- Any transaction thereafter would be void ab initio – Petitioner cannot be permitted to raise the plea of adverse possession once he claims ownership/ title on the basis of sale deed -- Writ petition dismissed.

(Para 5-10)

Constitution of India, Article 226 -- Recovery of excess pensionary benefits – Undertaking by employee -- Rs.10,40,830/- was paid to the petitioner beyond her entitlement – Where there is an undertaking given allowing the authorities to recover the excess payment, the recovery of the excess amount paid can be done -- Where the pension has been rectified, the recovery is also permissible -- No ground for any interference qua the recovery of the amount – Writ petition dismissed.

(Para 11, 15)

Haryana Land Revenue Act, 1887 (XVII of 1887), Section 16 – Constitution of India, Article 226 -- Revision with stay application – Non-decisioning of – Writ petition -- Mutation in the year 2005 by the Assistant Collector 2nd Grade -- Divisional Commissioner set aside the  order passed by the Assistant Collector 2nd Grade – Petitioner assailed the same by way of filing revision alongwith the stay application before the learned Financial Commissioner -- Despite number of adjournments, the stay application has not been decided till date by the learned Financial Commissioner – Writ petition disposed of with a direction to Financial Commissioner to take up the revision petition alongwith the stay application on the date fixed i.e. 07.03.2024 and decide the stay application expeditiously after hearing the parties in accordance with law – Till then status quo ordered.

(Para 2-5)

Constitution of India, Article 227 -- Companies Act, 2013 (No. 18 of 2013), Section 241, 242 -- Oppression and mismanagement -- Company Petition – Maintainability of -- Objections were heard by the NCLT and the judgment was reserved -- At this stage, the first respondent moved the High Court in its jurisdiction under Article 227 of the Constitution – Held, High Court was not justified in entertaining a writ petition at the stage -- High Court ought not to have impeded the process of the NCLT pronouncing the judgment -- Thereafter, if any of the parties was aggrieved by the order of the NCLT, it was open to them to pursue their rights and remedies in accordance with law -- Invocation of the jurisdiction under Article 227 of the Constitution was not warranted.

(Para 1-7)

A. Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 13 -- Constitution of India, Article 22(5) – Preventive detention – Bail -- If detaining authority is apprehensive that in case detenu is released on bail he may again carry on his criminal activities, then in such situation, the authority should oppose the bail application and, in the event, bail is granted, the authority should challenge such a bail order in the higher forum and that merely on the ground that an accused in detention is likely to get bail, an order of preventive detention should not ordinarily be passed.

(Para 12)

B. Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 13 -- Constitution of India, Article 22(5) – There is no live link between the last activity and impugned detention order because FIR has been taken into account by detaining authority while passing order impugned, unmindful of the fact that detenu has been bailed out in the said FIR and there have been no further activities alleged against detenu -- Impugned order of detention quashed, respondents directed to set the detenu at liberty forthwith.

(Para 13, 14)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Cheating – Protracted trial – Sentence reduced to already undergone -- Criminal complaint filed in the year 1998, the petitioner is facing agony of a protracted trial, which has lasted for approximately 25 years -- Out of the total sentence of 3 years u/s 420 IPC, the petitioner has undergone actual sentence of 6 months and 7 days -- In the interest of justice sentence reduced to the period already undergone by petitioner -- Fine increased to Rs.10,000/- in default of fine rigorous imprisonment for one month.

(Para 13, 14)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34, 362, 201, 392, 411, 414 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- Murder – Regular bail -- Petitioner in custody since 8.10.2018 but only 02 of the 33 prosecution witnesses have been examined so far -- Article 21 of the Constitution of India provides for a right to speedy Trial which prima facie seems to have been violated in the instant case -- Further incarceration of the petitioner is not required – Bail allowed.

(Para 6, 7)

Hindu Marriage Act, 1955 (25 of 1955), Section 13, 13-B -- Code of Civil Procedure, 1908 (V of 1908), Section 25 – Constitution of India, Article 142 -- Divorce – Transfer petition -- Settlement arrived between parties – Pending cases quashed -- Joint Application filed by the parties under Article 142 of the Constitution -- Terms of the settlement are lawful and there is no legal impediment in accepting the same -- Consequently, invoking jurisdiction under Article 142 of the Constitution of India, the marriage between the parties dissolved by a decree of divorce by mutual consent -- Transfer Petition disposed of.

(Para 8-16)

Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Constitution of India, Article 142 -- Divorce -- Irretrievable breakdown of marriage -- Parties are residing separately since February, 2011 -- No contact between them during long period of almost 13 years -- Respondent-wife is not even responding to the summons issued by the courts -- It seems she is no longer interested in continuing the marital relations with the appellant – Appeal allowed, marriage between the parties dissolved on the ground of irretrievable breakdown in exercise of powers under Article 142(1) of the Constitution of India.

(Para 15)

Code of Criminal Procedure, 1973 (2 of 1974), Section 125(4) – Constitution of India, Article 51A(f) -- Maintenance to wife u/s 125 Cr.P.C. – Wife not want to serve old aged mother-in-law or grandmother-in-law -- One of the grounds for denial the maintenance, if wife refuses to reside with the husband without any reasonable cause -- In Constitution of India under Article 51-A of Part IV-A, wherein the fundamental duties of the citizen of India are enumerated in Clause (f), it is provided ‘to value and preserve the reach heritage of our composite culture’ -- It is the culture in India to serve the old aged mother-in-law or grandmother-in-law as the case may by the wife in order to preserve this culture -- It was obligatory on the part of wife to serve her husband’s mother and maternal grandmother and not to insist for unreasonable demand to live separate from his old aged mother-in-law and the maternal grandmother-in-law – Wife not entitled for maintenance.

(Para 17, 21, 22, 28)

Hindu Marriage Act, 1955 (25 of 1955), Section 13B -- Constitution of India, Article 142 – Divorce by mutual consent – Waiver of period – Quashing of all pending proceedings-- Parties have recorded their statements before the Registrar(Judicial) on oath as regards compliance of conditions stipulated in Section 13-B of the Hindu Marriage Act -- Order waiving the timeframe stipulated in Section 13-B(2) of the Hindu Marriage Act, 1955 passed considering the fact that they have been living separately for more than two years -- Direction given that a decree be passed dissolving their marriage on mutual consent -- Cases involving the parties mainly arising out of their matrimonial dispute, quashed.

(Para 1, 2)

A. Constitution of India, Article 226 – Challenge to illegality in selection – Participation in selection process – Effect of -- By participating in the process petitioner accepted the procedure for selection, and not the illegality in it that arises on account of wrong implementation of the rule of reservation – Held, petitioner cannot be precluded from the challenging the stated illegality in the selection process by filing the petition.

(Para 6)

B. Constitution of India, Article 226 – Challenge to illegality in selection – Non impleading the cleared candidates – Ground of -- No right has been conferred upon such candidates pursuant to clearing the screening test in their respective categories -- Outcome of the petition will only determine as to whether the rule of reservation is being correctly followed for the selection in question -- It will not adversely affect rights of the candidates in any manner as they are still to participate in the process of selection -- Therefore, they need not be impleaded as parties to the petition.

(Para 7)

C. Constitution of India, Article 14, 16, 226 – Rule of migration in reservation -- Meritorius candidate -- Reserved to unreserved category -- Merit of a reserved category candidate will have to be recognised and in case he/ she is entitled to an un-reserved post, it cannot be denied -- If a candidate is categorised resulting in his/ her ouster from the process of selection before the final merit list is drawn, it will deprive such a candidate from being considered against open/ un-reserved posts on merit -- This flies in the face of the rule of reservation, and cannot be permitted -- There is no justification to categorise the candidates for shortlisting and during the process of selection as, firstly, it compromises merit and, secondly, militates against the rule of migration in reservation.

(Para 8.4-8.6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- Murder – Regular bail -- Petitioner behind the bars since 02.11.2022 – Final report u/s 173 Cr.P.C. submitted on 11.01.2023 -- Out of 29 witnesses cited by the prosecution, none has been examined so far –  Culpability, if any, would be determined at the time of the trial – Keeping the petitioner in further detention, without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India -- Bail allowed.

(Para 6-8)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Article 142 -- Conviction in cheque bounce complaint – Appeal dismissed   -- Matter was thereafter settled between the parties -- High Court rejected the application u/s 482 Cr.P.C. -- Held, since the matter has been amicably settled between the parties and since the original complainant himself is not interested in prosecuting the proceedings, it is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India to give an end to the litigation between the parties -- Order of sentence and conviction set aside.

(Para 3-8)

A. Constitution of India, Article 226 – Compensation in writ -- Injuries by electrocution – Amputation of fingers of right hand -- Electric shock with LT line passing near the roof of residential house – Though there is no Police report in respect of the incident, but in view of the medical record placed on record by the petitioner and the same not being disputed by the respondents, it is evident that the petitioner suffered electric burns – Injuries due to electrocution because of the negligence on part of the officials of the respondents -- Principles applicable in the assessment of compensation in motor vehicle accident case applied.

(Para 8, 9)

B. Constitution of India, Article 226 – Compensation in writ -- Amputation of fingers of right hand by electrocution -- Petitioner was 21 years of age and was working as a labourer -- Minimum wages of un-skilled workers are Rs. 225/- per day as per the notification dated 26.10.2017 -- Monthly income would come around to Rs. 6750/- -- Future prospects 40 percent applied --  Multiplier applicable would be 18 -- Petitioner has suffered 60 percent disability, as such, he is required to be paid Rs. 12,24,720/- as compensation on account of loss of his future earnings -- Rs. 1.00 lac in lump sum awarded for loss of amenities, pain and suffering – Total compensation of Rs. 13,24,720/- awarded.

(Para 9-13)

Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 8 – Constitution of India, Article 22(5) – Preventive detention – Dossier of detention – Non-supply of – Representation – Right of – Detenue has not been provided the Dossier and precluded from making an effective representation -- Failure on the part of detaining authority to supply the material to the detenu renders the detention order illegal and unsustainable -- Non-consideration of the representation amounts to non-compliance of Article 22(5) of the Constitution -- Petition allowed, impugned detention order quashed -- Respondents directed to release the detenu, if he is not required in any other case.

(Para 5-7)

Jammu and Kashmir State Ranbir Penal Code, Section 306, 498A – Abetment of suicide – Cruelty against wife – Appeal against acquittal -- SHO without conducting proceedings u/s 174 Cr.P.C registered the FIR – Statement of the mother of the deceased was recorded u/s 164-A Cr.P.C. after 55 days of the occurrence, whereas the statements of other witnesses were recorded after more than 10 days of the occurrence -- From the evidence, it is clear that some witnesses have made improvements in their statements from their statements recorded during the course of investigation -- Some witnesses have categorically stated that the accused never demanded any dowry in their presence -- Benefit is required to be given to the accused/respondents – In the acquittal appeal, simply because the other view is also possible on the same set of evidence, the judgment of acquittal cannot be reversed -- Acquittal order upheld.

(Para 17-23)

A. Constitution of India, Article 300A -- Land acquisition case – Compensation – Limitation -- Whether taking over of possession of the land way back in the year 1969 disentitles the petitioners from claiming compensation – Held, no amount of delay can come in the way of the petitioners to approach this Court for enforcement of their constitutional right to property – Respondents are liable to pay compensation to the petitioners in terms of the award already passed by the Collector – Writ petition allowed.

(Para 14-23)

B. Constitution of India, Article 31, 300A, 370 – Right to property – Delay in claiming compensation -- Right to property was a fundamental right in the erstwhile State of Jammu and Kashmir prior to abrogation of Article 370 of the Constitution of India, as such, it cannot be stated that the petitioners have waived their right to property – At present, the right to property may not be a fundamental right, but it is certainly a Constitutional right guaranteed under Article 300A of the Constitution of India, which provides that no person can be deprived of his property save by authority of law -- Even if the right to property has ceased to be a fundamental right, still then it continues to be a legal and constitutional right and no person can be deprived of his property except by authority of law -- Denial of this right to a person constitutes a continuing cause of action and, therefore, no amount of delay and laches would extinguish the right to property of a person.

(Para 18)

C. Limitation Act, 1963 (36 of 1963), Section 27 -- Adverse possession by State – Permissibility of -- State cannot claim adverse possession in respect of the property belonging to private persons -- Therefore, it does not lie in the mouth of the respondents to say that the property in question has vested in them because of their long possession over the same.

(Para 19)

A. Constitution of India, Article 226 – Delay in salary – Interest thereupon -- Petitioner was not paid his salary for the period from July, 1992 to August, 1999 and the said salary released only vide cheque dated 05.04.2001 – Held, a person who is performing his duties has a right to receive his salary as and when it is due -- Withholding such salary would be unjustified and interest thereto is required to be paid to the petitioner -- Respondents directed to release the interest on the due salary @12% p.a. as it existed in the year 2001.

(Para 7, 8)

B. Constitution of India, Article 226 – Delay in gratuity – Interest thereupon -- Gratuity payment, which was required to be paid in the year 1999, has been paid to the petitioner in February, 2020 -- Interest thereto @ 9% p.a. will have to be paid, as the amount has been wrongfully kept by the respondents with them to which the petitioner was entitled at the relevant time.

(Para 9)

Constitution of India, Article 226 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366A -- Writ of habeas corpus -- Muslim law -- Marriage of minor girl – Validity of – Allegation of kidnapping/ procuration of minor girl -- Police protection -- Since the marriage is prima facie valid as per the Mohammedan Personal Law, petitioner/ girl being above the age of 15 years i.e., age of puberty and petitioner/ boy also being of marriageable age, and they having performed Nikaah as per their wish, so the custody of petitioner/ girl is directed to be handed over to petitioner/ boy -- Police will be at liberty to investigate the FIR u/s 363, 366A IPC in accordance with law -- Official respondents directed to keep on providing necessary protection to the petitioners as and when required, after assessing threat perception to their life and liberty.

(Para 16, 18)

Constitution of India, Article 226 -- Punjab Samitis and Zila Parishad Service Rules, 1965, Rule 8 – Challenge to recruitment process – Participation in selection – Effect of -- Maintainability of writ -- Petitioner’s challenge to the selection conducted by the respondents in the year 1997 on the basis of interview alone and the petitioner having participated therein and remained unsuccessful cannot be held to be maintained -- A person cannot approbate and reprobate at the same time -- Writ Petition dismissed.

(Para 11, 12)

Constitution of India, Article 226, 227 -- Appointment to Group C posts -- Change of category – General to EWS -- Petitioner filled up the application form under the general category -- Petitioner appeared in the common eligibility test also under the general category unable to secure the minimum marks in general category –  Petitioner is now raising a grievance with regard to the fact that as he has obtained 46.5 marks and he also belongs to the category of EWS, for which the cutt-off is 38 marks, the petitioner be allowed to change his category from general category to EWS category – Held, said prayer of the petitioner cannot be accepted.

(Para 8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 144 – Indian Penal Code, 1860 (45 of 1860), Section 188 – Constitution of India, Article 21 -- Prohibition order u/s 144 Cr.P.C. – Violation of – FIR u/s 188 IPC  -- Peaceful protest -- More than 100 persons had died in the State of Punjab due to illicit and spurious liquor -- Being public representatives, the petitioners were peacefully going to meet the Chief Minister of Punjab to bring his attention to their grievances -- Petitioners had every right to protest democratically, and they did so in peace -- Merely bringing the Chief Minister of Punjab's attention to an important issue through a peaceful protest does not amount to an offence under section 188 IPC.

(Para 11-13)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 144 – Indian Penal Code, 1860 (45 of 1860), Section 188 – Constitution of India, Article 21 – Mens rea – Peaceful protest -- It is sufficient that the offender knows of the order they disobey and that such disobedience produced or is likely to produce harm -- State has not gathered any evidence to primafacie establish the essential ingredients and what disobedience the petitioner caused in this regard -- An offence u/s 188 of the IPC is not made out.

(Para 17)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 144, 173, 190, 195 – Indian Penal Code, 1860 (45 of 1860), Section 188 – FIR u/s 188 IPC  -- Bar of Section 195 CrPC – Prosecution launched on police report u/s 173 (2) CrPC for the commission of an offence punishable u/s 188 IPC, whereas section 195(1)(a)(i) bars the Court from taking cognizance of any offence punishable u/s 188 of the IPC unless there is written complaint by the public servant concerned for contempt of their lawful order -- Police report, being not a complaint, could not have been made the basis for taking cognizance of the offence u/s 188 of the IPC, and the concerned Court had no jurisdiction to summon the accused -- Order of dismissal of the application for discharge violates the mandatory provision of section 195(1) of CrPC, 1973 -- Complaint and the police report (Challan) u/s 173 CrPC filed in FIR quashed and set aside.

(Para 18-26)

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 – Constitution of India, Article 226, 227 -- Writ jurisdiction – Application u/s 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allowed -- Appeal would lie before the Appellate Authority -- Petitioners sought permission to withdraw the writ petition with liberty to file the said appeal before the Appellate Authority -- In case the petitioners file the said appeal within a period of thirty days from the date of receipt of certified copy of the order then the same be not dismissed solely on the ground of limitation.

(Para 1-5)

A. Compassionate appointment policy (Haryana) -- Constitution of India, Article 226 -- Appointment on compassionate grounds – Petitioner was minor at relevant point of time, whether the petitioner is entitled for the grant of benefit of compassionate appointment on attaining the age of majority or not – Benefit of compassionate appointment can only be claimed within a period of three years of the death of the deceased employee and in case claimant is not eligible to claim the said benefit within a period of three years of the death of the deceased employee, no further claim can be raised.

(Para 7-10)

B. Constitution of India, Article 226 -- Ex-gratia benefits -- Once, the respondents have passed the order declining the grant of benefit of compassionate appointment to the petitioner, the claim of the petitioner for the grant of exgratia financial assistance needs to be decided by the respondents as the petitioner cannot be denied both the benefits -- Respondents directed to decide the claim of the petitioner for the grant of exgratia financial assistance.

(Para 11-14)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Preserving of call details and tower location – Right of accused -- Preserving and requisitioning of the call details and tower location details would be necessary, otherwise the same would be lost forever -- Right of accused to invoke the provisions of Section 91 Cr.P.C. for obtaining documents in support of his defence has been recognized by the Constitutional Courts -- Legislative intent behind enactment of Section 91 Cr.P.C. is to ensure that no cogent material or evidence involved in the issue remains undiscovered in unearthing the true facts during investigation, enquiry, trial or other proceedings.

(Para 8)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Constitution of India, Article 21 -- Preserving of call details and tower location – Right of accused -- While passing the appropriate direction for preserving and production of call details/tower location details under Section 91 Cr.P.C. would violate the right to privacy of the police officials but the right of the accused under Article 21 of the Constitution of India in ensuring free and fair investigation/trial would prevail over the right to privacy of the police officials.

(Para 8)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Indian Evidence Act, 1872 (1 of 1872), Section 65A, 65B -- Preserving of call details and tower location – Right of accused -- Denial of an adequate opportunity to the accused by non-production of the electronic record, which is admissible under Section 65-A and 65-B of the Indian Evidence Act in criminal trial, would amount to miscarriage of justice -- Power under 91 Cr.P.C. must be exercised for production of such evidence, which would assist the Court in discovering the truth in the pursuit of justice.

(Para 9)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Constitution of India, Article 21 -- Preserving of call details and tower location – Right of accused -- As principles of natural justice are integral part of fair trial under Article 21 of the Constitution of India, any denial of the best available evidence or effective and substantial hearing to accused in proving defence would amount to denial of free and fair trial.

(Para 10)

Constitution of India, Article 226, 227 -- Departmental proceedings – Criminal proceedings – Pendency of – Effect of -- No further proceedings have taken place in the same in spite of lapse of more than 6 years on account of interim stay – In case the criminal case does not proceed, then departmental proceedings, even if they have been stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to be concluded at an early date – It would not be in the interest of justice to keep the departmental proceedings pending any further – Writ petition dismissed. Capt. M. Paul Anthony’s case Ltd., 1999(3) SCC 679 relied.

(Para 12, 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 – Constitution of India, Article 21 -- Regular bail -- Interim bail – High Court was of the view that prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail -- High Court granted bail only for 45 days by describing it as an interim bail -- But after granting the interim bail finally disposed of the bail application – Held, if an order granting interim bail was to be passed, the bail application should have been kept pending – When a Court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal -- Such orders violate the right to liberty under Article 21 of the Constitution of India -- It puts an additional burden on the litigant as he is forced to file a fresh bail application for an extension of the bail granted earlier -- Appeal allowed, by modifying the impugned order, appellant enlarged on bail until the final disposal of the case.

(Para 4-9)

A. Constitution of India, Article 14, 226 -- Payment of pension after death – Recovery of -- Pension was being paid by the respondent-Bank after the death of the husband of the petitioner -- Said error was attributable to the bank only and not to the petitioner -- Once there is no misrepresentation on part of the petitioner to get an amount, the recovery being done from her is totally contrary to the settled principle of law settled by the Hon’ble Supreme Court of India in Rafiq Masih’s case Civil Appeal No.11527 of 2014.

(Para 8)

B. Constitution of India, Article 14, 226 -- Payment of pension after death – Recovery of – Natural justice -- No show cause notice whatsoever has been given to the petitioner before effecting the recovery -- Respondent have taken in writing from the petitioner that her family pension will not be released till she exceeds to the recovery --  Any letter given contrary to the entitlement under law cannot be enforced by the Bank so as to effect the recovery from the petitioner -- Recovery being done from the petitioner set aside -- Any recovery already made be refunded back to the petitioner within a period of two months.

(Para 11, 12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 29, 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Commercial quantity – Regular bail -- Petitioner in custody for the last 01 year, 03 months and 29 days involved in two more cases u/s 22(c) and 29 of the NDPS Act and u/s 325, 323, 34 of IPC – Petitioner was nominated only on the basis of disclosure statement -- Charges were framed on 04.09.2023 and out of 19 witnesses none has been examined so far, thus trial is likely to take time to conclude – Held, no purpose shall be served by keeping the petitioner detained -- Though recovered quantity falls in the commercial category, but the rigor of Section 37 of the NDPS Act is required to be balanced with Article 21 of the Constitution of India – Petitioner ordered to be released on regular bail.

(Para 6-10)

Constitution of India, Article 226 -- Rejection of representation – Writ petition -- Promotion granted to the private respondents notionally -- Representation of the petitioner rejected by cryptic and non-speaking order with no reference made to the detailed averments made in the representation – Order set aside and respondent no.2 directed to reconsider the matter after taking into consideration the averments made in the representation and also after taking into consideration the rules and regulations of the policy, by passing a speaking order.

(Para 1-4)

Constitution of India, Article 14, 226 -- Withdrawal of appointment of deceased employee – Permissibility of -- No order causing prejudice to the dead employee could have been passed by the respondents, muchless, withdrawing the appointment which was given to the employee concerned after due verification in the year 2008 -- Impugned order is contrary to the settled principle of law, set aside -- Respondents  directed to grant the petitioner all the benefits which the widow of the deceased employee will get including the family pension as well as the ex gratia financial assistance with interest @ 6% per annum. Shiksha Devi’s case, CWP-21917-2016 decided on 02.08.2022 relied.

(Para 10-13)

Constitution of India, Article 226 -- Recovery from retired employee/ due to retire within 1 year -- Excess payment was made by way of an increment which the petitioner was not entitled -- No recovery should be made from retired employees or employees who are due to retire within 1 year of the order of recovery -- Respondent has effected recovery from the retiral benefits of the petitioner -- Respondent shall refund the said amount within 2 months -- Impugned order quashed and writ petition allowed. Rafiq Masih’s case (2015) 4 SCC 334 & Tara Chand’s case 2013 (4) SCT 251 (P&H) relied.

(Para 2, 7-10)

Constitution of India, Article 14 – Regularization of service -- Discrimination -- Parity -- Delay and laches – Plea of petitioners is based on discrimination which is violative of Article 14 of the Constitution of India -- If there is an infraction of Article 14 of the Constitution of India then petition cannot be dismissed on the ground of delay and laches. K. Thimmappa and others’s case, 2001 (2) SCC 259, relied -- Similarly situate counterparts had been appointed earlier with respect to whom parity sought, deserves to be allowed -- Respondent-Corporation will have to uniformly regularize contractual appointees after one year --  Petitioners are held entitled for regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date.

(Para 23-29)

Code of Civil Procedure, 1908 (V of 1908), Order 16 Rule 20 -- Constitution of India, Article 227 -- Closing of evidence in suit – One opportunity to lead evidence -- Petitioner admits that there is some inaction on her part but proving of the Will is necessary -- Petitioner-defendant No.1 wants to examine only two witnesses, Lambardar and Record Clerk of DC Office -- Petitioner should not be non-suited merely on procedural technicalities -- No prejudice would be caused to other side if one opportunity is granted to the petitioner to lead remaining evidence -- Petition disposed with a direction to the trial Court to give one opportunity subject to payment of costs of Rs.10,000/-.

(Para 2-7)

Punjab Civil Service Rules Vol. 2, Chapter VIII, Rule 8.35 -- Constitution of India, Article 226 -- Family pension – Karewa Marriage with Dewar – Effect of – Petitioner solemnized Kareva marriage with his brother-in-law (Devar) -- On request, the family pension was transferred in the name of son – Second husband also passed away and petitioner requested to restore her family pension -- Respondent-department denied family pension to the petitioner because she got re-married and stopped of her son because he got job – In Amrit Kaur @ Paramjit Kaur’s case 2014 (2) PLR 192 benefit of family pension was extended to widow of a deceased employee though said lady solemnized marriage with his brother-in-law -- Petition disposed of with a direction to the respondent-authorities to reconsider claim of the petitioner and pass an appropriate order within three months.

(Para 2-5)

Constitution of India, Article 226 -- Delay in retiral benefits – Interest thereupon -- Once, the service book of the petitioner was not complete and her second ACP was released after her retirement, the question whether the petitioner failed to fill the form or not will not disentitle the petitioner for the grant of benefit of interest on the delayed release of payments -- Petitioner held entitled for the grant of interest @ 6% per annum on the payments, which have been released to her after a delay of two months of her retirement from the date the amount became due till the actual payments released to her.

(Para 7-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 25, 29 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of  India, Article 21 -- NDPS Case – Regular bail -- Recovery of 260 grams of heroin -- Marginally over and above the commercial quantity i.e., 250 grams and both the accused-petitioners were found travelling in car belongs to the other co-accused granted anticipatory bail – Petitioner in custody for 1 year, 2 months and 24 days --  After framing of charges no single prosecution witness has been examined by the prosecution, despite lapse of 6 months -- Examination of 10 prosecution witnesses is rightly to take long time -- Article 21 of the Constitution of India and the said Article also provides the right for speedy trial and otherwise also bail is a rule and jail is an exception -- Pendency of other FIRs involving the accused-petitioners cannot be a predicament to consider the case for regular bail – Bail allowed.

(Para 8-11)

A. Legal Services Authorities Act, 1987 (39 of 1987), Section 22D -- Permanent Lok Adalat – Public Utility Services – Medi-claim insurance policy -- A mere mentioning in the prescription by the doctor in his clinical assessment details about the previous history of similar complaint would not amount to establishing a concealment -- Merely because certain symptoms are asked for before a treatment is extended and response to the same would not amount to establishing the fact that the insured had knowledge of his past medical condition or previous history -- No document on record to suggest that the insured had been taking any medication and/or had been subjected to any treatment at any time prior to him securing a medical insurance policy with the petitioner-Insurance company – Petitioner-Insurance company having issued the Senior Citizens Red Carpet Insurance policy would be presumed to be fully aware of the risks that it under writes and having opted to waive of the requirement of undergoing a pre-medical check-up was thus conscious -- Award passed by PLA affirmed.

(Para 10-13)

B. Legal Services Authorities Act, 1987 (39 of 1987), Section 22D --  Constitution of India, Article 226, 227 -- Writ jurisdiction -- Medi-claim insurance policy -- Permanent Lok Adalat (Public Utility Services) has to decide the matters as per guidelines laid down in Section 22 (D) of the Legal Services Authorities Act, 1987 guided by the principle of equity, fairness, principles of natural justice, other principle of justice and objectivity -- If a conclusion drawn by Permanent Lok Adalat (Public Utility Services) is sustainable on a meaningful reading and an interpretation of the evidence brought before it, such exercise of discretion would not normally be interfered with by the High Court in exercise of its review jurisdiction.

(Para 12)

Legal Services Authorities Act, 1987 (39 of 1987), Section 22C – Constitution of India, Article 226 -- Death by electrocution – Compensation – Jurisdiction of Permanent Lok Adalat – Bar to claim compensation as per Policy – Petitioner concedes that the application u/s 22C of the Legal Services Authorities Act, 1987 was not maintainable before the said authority – Same cannot be construed as a Bar on the respondents against considering the claim of the petitioners as per the policy applicable then -- Petition disposed of with liberty to the petitioners to submit an application before the respondent authorities for seeking disbursement of compensation in terms of applicable policy.

(Para 4-8)