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  • Supreme Court Of India
    (From : AIROnline 2022 Utr 184 and AIROnline 2023 Utr 510)

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

    Sandeep Kumar v. Gb Pant Institute Of Engineering And Technology Ghurdauri

    D.O.D : 16/04/2024

    Appeal Allowed

    Constitution of India , Art.133— Termination of services - Legality - Employee had satisfactorily worked on post of Registrar for nearly two years and completed probation period - Neither opportunity to show cause was given nor disciplinary proceedings were held before termination of services - Principles of natural justice were violated - High Court erred in dismissing petition filed by employee on hypertechnical ground that minutes of meeting of Board of Governors was not placed on record - Termination of services was illegal.

    AIROnline 2022 Utr 184-ReversedAIROnline 2023 Utr 510-Reversed(Paras1819)

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  • Supreme Court Of India
    (From : Punjab And Haryana)*

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

    Dharambir Alias Dharma v. State Of Haryana

    D.O.D : 16/04/2024

    Appeal Allowed

    Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.118, S.24— Murder - Appreciation of evidence - Allegation that accused inflicted knife blow in the chest of deceased, on having suspicion that he had illicit relations with his wife - Incident occurred when deceased along with informant i.e. his brother and 4 other witnesses went to Cinema hall - Contradiction in testimony of witnesses, IO and Manager of cinema hall regarding seats occupied by deceased in cinema hall - Out of 4 witnesses, only 2 were examined and they too turned hostile - Manager stated that when he reached crime scene, 3 to 4 persons of village of deceased told police that he hails from their village - Had informant been present, he would have immediately disclosed his brother's identity to police - Dead body was lying in hall for about 4 hrs - Further, informant did not hand over ticket of hall to police and upon search of deceased, only one ticket was found in his pocket - Moreover, he neither had blood stains on his hands and clothes on touching his body nor did he take him to hospital - Besides, he stated in FIR that accused was found missing from his seat, however, later made improvement by stating that he saw him fleeing away - Extra judicial confession made before ex-Sarpanch was not reliable, as, person who was present with him while making said confession was not examined by prosecution - Rather he was examined as defence witness, whereby he denied about the confession - Conviction recorded by Trial Court and confirmed by Hight Court was set aside.

    Criminal Appeal No. 259-DB of 1999,D/-21-04-2008 (P and H)-Reversed(Paras232426272930313235363738)

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  • Supreme Court Of India
    (From : AIROnline 2022 MAD 1221 and AIROnline 2022 MAD 1222)

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

    Association Of Engineers v. State Of Tamil Nadu

    D.O.D : 16/04/2024

    Order Accordingly

    Constitution of India , Art.226— Recruitment by transfer - Legality - Appointment of Technical Assistants to the post of Assistant Engineer was challenged by direct recruit engineers - Government was required take a decision to appoint Technical Assistants as Assistant Engineers on temporary basis since out of 122 vacancies apportioned to the post of Assistant Engineer to be filled up by recruitment by transfer, only 29 vacancies had been filled - Technical Assistants were not claiming against the 75% posts available for direct recruits - Their claim was only against 25% posts which were required to be filled in from Junior Draughting Officers, Overseers and Technical Assistants who had put in five years service and had acquired B.E./A.M.I.E. qualification - Technical Assistants were, in no way, encroaching upon the quota apportioned for directly recruited Assistant Engineers - Court observed that present litigation was an attempt of the direct recruits to grab all the posts available even those apportioned for the candidates promoted from subordinate services - Order restraining official respondents from appointing Technical Assistants as Assistant Engineers by recruitment by transfer, unless and until statutory rules were amended making Technical Assistants as feeder category, was rightly set aside

    AIROnline 2022 MAD 1221-Affirmed2014 AIR SCW 29-Distinguished(Paras2125)

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  • Supreme Court Of India
    (From : AIROnline 2023 DEL 1503)

    Hon'ble Judge(s) Hon'ble Judge(s): Abhay S. Oka, Pankaj Mithal , JJ

    Meher Fatima Hussain v. Jamia Milia Islamia

    D.O.D : 15/04/2024

    Appeal Allowed

    University Grants Commission Act (3 of 1956) , S.26, S.24— University Grants Commission (Qualifications Required of a Person to be Appointed to the Teaching Staff of the University and Institutions Affiliated to it) Regulation (1991) , Regn.2, Sch.I Item.I, Sch.I Item.II— Constitution of India , Art.14— Appointment - Continuity in service - Admittedly, appellants held qualifications prescribed by UGC for posts on which they were appointed in the Centre through proper selection process - Subsequently UGC permitted the University to merge teaching posts in the Centre into its regular establishment - UGC had specifically informed the University that the teachers appointed through a proper selection process and who fulfilled the educational and other qualifications prescribed by UGC and whose appointments were approved by the Statutory bodies could be merged with the regular establishment of the University - University's action of not continuing appellants and starting a fresh selection process was unjust, arbitrary and violative of Article 14 of the Constitution.

    AIROnline 2023 DEL 1503-Reversed(Paras1921232831)

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  • Chhattisgarh High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Rakesh Mohan Pandey , J

    Xyz v. State Of Chhattisgarh

    D.O.D : 12/04/2024

    Petition Allowed

    Medical Termination of Pregnancy Act (34 of 1971) , S.3— Termination of pregnancy - Victim of rape and sexual assault, carrying pregnancy of 21-22 weeks - According to report of medical board unwanted pregnancy can be terminated - Minor victim was just about 14 years of age i.e. too young to undergo the trauma of pregnancy and continuation of pregnancy can lead to complications at a later stage so far as the physical condition as also the psychological and mental condition of the victim - Termination of pregnancy allowed under supervision of registered medical practitioners.

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