Constitution of India , Art.226— Prevention of Cruelty to Animals Act (59 of 1960) , S.38— Animal Birth Control Rules (2023) , R.11(19)— Public Interest Litigation - Directions for impounding stray dogs - Modification of - After suo motu cognizance was taken of a news report regarding stray dogs menace, two judges' bench had directed municipal authorities to capture, sterilize and permanently impound all stray dogs - Directions were intended to protect citizens from aggressive and rabid stray dogs - However, blanket prohibition on release of all stray dogs was found to be too harsh and impractical by the three judges bench - R. 11(19) of ABC Rules 2023 mandates that sterilized and vaccinated stray dogs should be released back into their original localities - Said practice is scientifically sound, prevents overcrowding in shelters and compassionate treatment is given to dogs by releasing them in their familiar environment - Furthermore, presently municipal bodies do not have infrastructure and resources required for permanent impounding of stray dogs - All healthy strays were directed to be sterilized, dewormed, vaccinated and released back into their localities - However, rabid or aggressively behaving dogs must not be released and should be kept in separate pounds - Municipal Authorities were directed to create designated feeding spaces in each ward and prohibit street feeding

(Para 23 24 25 26 27 28 29 30 31 32 33)

Representation of the People Act (43 of 1951) , S.100, S.83(1)(c) Proviso— Election petition - Maintainability - Allegations of corrupt practices - Defects in affidavit - As per appellant, affidavit accompanying Election Petition in support of allegations of 'corrupt practices' was defective, as it was not filed in prescribed format - High Court granted time to Election petitioner to cure defects - However, while passing said order, High Court had failed to specify the extent of compliance with the High Court Rules, to enumerate defects necessitating rectification and to examine whether the principles of substantial compliance had been followed or not - Substantial compliance is a question of fact - High Court concluded that affidavit 'substantially complied' with the proviso to Section 83(1)(c), but did not make any facts based analysis to support same - Matter was remitted - High Court was requested to identify and enumerate defects in Form 25 affidavit and assess whether such defects, if any, were curable

Constitution of India , Art.226— Orissa High Court Rules (1948) , Chap.33 R.7, Chap.33 R.21— IA No.111/2024 dt. 21-03-2025 (Ori)-ReferredAIR 2022 SC 196-FollowedAIR 2023 SC 4531-Followed(Paras2021222324)

(Para 20 21 22 23 24)

Constitution of India , Art.226— Removal from service - Legality - Due process was followed in holding departmental inquiry - Inquiry Officer had considered evidence of five loanees that they had paid money to delinquent for coordinating sanction of their loans despite their documents being deficient - Field Officer had stated that all the accounts were irregular - Findings recorded by inquiry officer on preponderance of probabilities were proper -Reasoning adopted by single bench of High Court in setting aside order of removal that delinquent being a Class IV employee, had no role to play in sanctioning and disbursement of loan was erroneous since charge pertained to working as a conduit - In statement before disciplinary authority before imposition of punishment , delinquent had apparently admitted his guilt and had sought mercy -High Court had erred in setting aside order of removal from service.

AIROnline 2018 Pat 2362-ReversedAIROnline 2022 Pat 480-Reversed(Paras 1414.114.214.315)

(Para 14 14.1 14.2 14.3 15)

(A) Criminal P.C. (2 of 1974) , S.439— Grant of bail - Challenge against - Accused was charged with offences punishable u/Ss. 18/18A/20 and 39 of UAPA, 1967 r/w S. 120-B IPC - Allegations in charge-sheet related to connections of accused with an organisation which was not a banned organisation - Attending meetings of said organisation, would not amount to any prima facie offence -Bail was granted 3-1/2 years ago - Charges were yet to be framed and trial had not commenced - Accused had been in custody for 5-1/2 years - High Court was justified in enlarging accused on bail.

AIROnline 2022 Kar 4622-Affirmed(Paras910)

(Para 9 10)

(B) Criminal P.C. (2 of 1974) , S.439— Bail - Refusal to grant - Challenge against - Accused was charged with offences punishable u/Ss. 18/20/39 of UAPA and S. 120-B of IPC - High Court had found that accused was involved with banned terrorist organisations, had active role in operating dark web and assisted members of such organisations - Reasons given by High Court were based upon material collected during investigation and as reflected in the charge-sheet - High Court had also noticed involvement of accused in another case under UAPA - High Court was justified in refusing to grant bail - However, Trial had not commenced despite lapse of 5-1/2 years - Directions were issued to Trial Court to expedite the trial and conclude the same within a period of two years.

AIROnline 2022 Kar 4622-Affirmed(Paras1113)

(Para 11 13)

Constitution of India , Art.226— Regularisation - Rejection of claim - Legality - Appellants were engaged as daily wagers and continuously discharged duties of Class-III and Class-IV nature in U.P. Higher Education Services Commission - Single bench as well as Division bench of High Court had disposed of writ petition on mechanical enquiry about "rules" and "vacancy" ignoring core question of arbitrariness in State's refusal to sanction posts despite perennial need and long service - Non-speaking rejection on a generic plea of "financial constraints", ignoring functional necessity and employer's own longstanding reliance on daily wagers to discharge regular duties, did not meet the standard of reasonableness expected of a model public institution - Considering long, undisputed service of appellants, admitted perennial nature of their duties, and material indicating vacancies and comparator regularisations, directions were issued to regularise them, create Supernumerary posts and pay arrears

Special Appeal No. 1245 of 2009,D/-08-02-2017 (ALL)-ReversedAIR 2006 SC 1806-DistinguishedAIROnline 2025 SC 108-Relied on(Paras 7891519)

(Para 7 8 9 15 19)