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State Government

This tag is associated with 52 posts

RIGHT TO INFORMATION ACT – In order to promote transparency and accountability in the working of every public authority Stop giving Oral instructions or directions by the administrative superiors, political executive etc.& directions to the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, within a period of three months. = T.S.R. Subramanian & Ors. … Petitioners Versus Union of India & Ors. … Respondents = http://judis.nic.in/supremecourt/filename=40943

RIGHT TO INFORMATION ACT – In order  to  promote  transparency  and  accountability  in  the working of every public authority  Stop giving Oral instructions or directions by the administrative superiors, political executive etc.  & directions to  the  Union  State  Governments   and   Union Territories to issue appropriate directions to secure providing  of  minimum tenure of service to various  civil  servants, … Continue reading

service matter – Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – Shobha Sinha …Appellant Vs. The State of Bihar & Ors. ….Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40893

Departmental enquiry – dismissed from service – with out following procedure and with out     supplying documents – single judge set the aside the order – remanded for fresh enquiry before review committee – committee constituted –  Review committee found that the delinquent is careless in her duty only as she did in routine … Continue reading

Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – State of Maharashtra & Anr. … Appellants Versus Sarva Shramik Sangh, Sangli & Ors. … Respondents = http://judis.nic.in/supremecourt/imgst.aspx?filename=40894

Industrial Disputes Act sec. 25F,25FF  sec.25N and Section 17B of I.D. Act – Estopel – Already     decided case attained finality – and same was applied with some suitable modifications = Retrenchment of labours temporary having serice of more than 10 years of service with out sufficient notice and with out payment of damages on the trasfer … Continue reading

Though the appellant is eligible for consideration of the selection in to IAS – she was denied as she was a junior officer – not correct approach and against the rules and guidelines – B. Amrutha Lakshmi … Appellant Versus State of Andhra Pradesh and Ors. … Respondents= judis.nic.in/supremecourt/filename=40890

Though the appellant is eligible for consideration of the selection in to IAS – she was  denied as she was a junior officer – not correct approach and against the rules and guidelines = Apex court held wrong but due to lapse of time the apex court granted damages instead of disturbing processes already taken over long … Continue reading

power of state govt. in varying salary of constitutional appointee ; Binding nature of judgment = G.L. BATRA Vs. STATE OF HARYANA & ORS. judis.nic.in/supremecourt/filename=40864

State Govt. is not competent to vary the remuneration fixed to the constitutional appointee ;     Earlier judgment of same bench is binding on the later bench of same quorum;       The earlier  judgment         may seem to be not correct yet it will have the binding effect on … Continue reading

Section 2(h) of the RTI Act – Kerala Co-operative Societies Act – Not public authority- THALAPPALAM SER.COOP.BANK LTD.& ORS. Vs. STATE OF KERALA & ORS. published in judis.nic.in/supremecourt/filename=40863

Cooperative  Societies  registered  under     the Kerala Co-operative Societies Act will not fall  within  the  definition   of “public authority” as defined under Section 2(h) of the RTI Act =       whether  a  co-   operative society registered under the Kerala  Co-operative  Societies  Act,   1969 (for short “the Societies Act”) will  fall … Continue reading

Himachala Pradesh state amendment is with the view to provide impediment free reservation in promotion to the Scheduled-Castes and Scheduled-Tribes and to bring certainty and clarity in the matter. Furthermore, the aforesaid proposed amendment is to be introduced with retrospective effect from 17th June, 1995. = “‘Due Consideration’ is totally different from collecting quantifiable data. This exercise has to be conducted and no reservation in promotion can be made without conducting such an exercise. Therefore, the State cannot be permitted to make reservations till such exercise is carried out and clear-cut quantifiable data is collected on the lines indicated in M.Nagaraj’s case. We may also point out that other than making vague reference to “due consideration” having been done, till date the State has not produced before us any clear-cut quantifiable data which could establish the need for reservation. Merely because the amended provision of the Constitution enable the State to make reservation is no ground not to collect data. Therefore, the instructions have to be struck down as being violate of the law laid down in M. Nagaraj’s case by the Apex Court.”= We, therefore, allow this Interlocutory Application and direct the State of Himachal Pradesh to take a final decision on the issue either on the basis of the data already submitted to the Cabinet Sub-Committee on 25th April, 2011 or on the basis of the data reflecting the position as on 30th June, 2011, within a period of three months from today. Till a final decision is taken, the direction restraining the State of Himachal Pradesh from making any promotion shall continue H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40773 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO.6 OF 2012 IN SPECIAL LEAVE PETITION (C.) No. 30143 OF 2009 H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents With CONTEMPT PETITION (C.) NO. 91 OF 2013 IN SPECIAL LEAVE PETITION (C.) … Continue reading

Sanction to prosecution when necessary = whether sanction before prosecution is required from each of the competent authorities entitled to remove an accused from the offices held by him, in situations wherein the accused holds a plurality of offices. The second determination was in respect of the requirement of sanction, in situations where the accused no longer holds the office, which he is alleged to have abused/misused, for committing the offence (s) for which he is being blamed. In answer to the first query, it has unambiguously been concluded, that if an accused holds a plurality of offices, each one of which makes him a public servant, sanction is essential only at the hands of the competent authority (entitled to remove him from service) of the office which he had allegedly misused. This leads to the clear inference, that other public offices held by the accused wherein an accused holds a plurality of offices, are irrelevant for purposes of obtaining sanction prior to prosecution. On the second issue it was concluded, that sanction was essential only if, at the time of taking cognizance, the accused was still holding the public office which he had allegedly abused. If the legal position determined in the above judgments is taken into consideration, there is certainly no doubt, that in the facts and circumstances of this case, sanction if required, ought to have been obtained from the Governor of the State of Madhya Pradesh. The instant determination is premised on the fact, that the appellant is stated to have misused his position while discharging his responsibilities as a nominee Director of the MPSIDC. It is clear to us, specially from the deliberation recorded hereinabove, that the appellant’s participation in the Cabinet Review Meeting dated 28.1.1994, and in the relevant meetings of the Board of Directors (of the MPSIDC) had no nexus to the post of Industries Commissioner, Government of Madhya Pradesh, or the subsequent office held by him as Joint Secretary, Department of Heavy Industries, Government of India. Accordingly, in our considered view, sanction of the authorities with reference to the post of Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India held by the appellant, was certainly not required. We therefore, hereby reject the submission advanced at the hands of the learned counsel for the appellant, that since the appellant continued to hold the above-mentioned public office(s) in his capacity as a member of the IAS cadre, at the time the first charge sheet was filed on 24.9.2007, prosecution could be proceeded with, and cognizance taken, only upon sanction by the competent authority(ies) of the said two offices (Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India), as wholly misconceived.= We are of the view, that the last contention advanced at the hands of the learned counsel for the appellant is a mixed question of fact and law.- whether the accused is guilty of the accusation levelled against him. Therefore, it is neither proper nor possible for us to deal with the last contention advanced at the hands of the learned counsel for the appellant, at the present juncture.= we find no merit in the instant appeals. The same are accordingly hereby dismissed.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40781 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1454 OF 2013 (Arising out of SLP (Crl.) No.61 of 2012) Ajoy Acharya … Appellant Versus State Bureau of Inv. against Eco. Offence … Respondent With CRIMINAL APPEAL NO.1455 OF 2013 (Arising out of SLP (Crl.) No. 400 of 2012) J … Continue reading

Entrusting the investigation to the CBI = the High Court of Karnataka at Bangalore in Writ Petition No. 7623 of 2012 whereby the Division Bench of the High Court constituted a Special Investigation Team (SIT) to investigate into the broadcasting of certain news items by certain television channels on 02.03.2012 regarding scuffle between advocates, police and media persons in the premises of the City Civil Court Complex, Bangalore.= a Constitution Bench of this Court in State of West Bengal and Others vs. Committee for Protection of Democratic Rights, West Bengal and Others, (2010) 3 SCC 571 has laid down certain principles. Though the CBI has issued various principles/suggestions for endorsing the matter to CBI in para 68, it is worthwhile to refer the conclusion in paras 69 & 70. “69. In the final analysis, our answer to the question referred is that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly. 70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.” Keeping the above principles in mind, considering the series of unfortunate incidents which occurred within the City Civil Court Complex, Bangalore on 02.03.2012 involving members of the bar, police personnel, journalists and media persons and in spite of the specific direction by the High Court as early as on 16.05.2012, subsequent order of this Court dated 19.10.2012, and also of the fact that the composition of SIT itself has not been finalized, we feel that the present case falls within the principles enunciated by the Constitution Bench and we are satisfied that CBI inquiry is necessitated in the matter in issue. 12) In the light of what is stated above, while setting aside the impugned order of the High Court dated 16.05.2012 and in modification of earlier order of this Court dated 19.10.2012, we entrust the entire investigation of the incident to the CBI. Accordingly, we direct the CBI to carry out the investigation and submit a report before the appropriate Court having jurisdiction at Bangalore within a period of six months from the date of receipt of copy of this judgment. We further direct the State/SIT to immediately hand over all the records pertaining to the said investigation to the CBI. 13) The appeal is allowed on the above terms. In view of the above direction, no separate order is required in I.A. No. 8 of 2013, accordingly, the same is also disposed of.

   published in     http://judis.nic.in/supremecourt/imgst.aspx?filename=40700                                     REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 CIVIL APPEAL NO.7159 OF 2013 2 (Arising out of SLP (C) No. 22604 of 2012) WITH 3 I.A. NO. 8 IN … Continue reading

right to receive pension as per the revised formula.= under the Statute 16 (which has been in force from 1982), it is specifically provided that any change in the rate of pension or relief therein into the service conditions of the State Government employees would be extended to the University. = Therefore, in our view, the Division Bench cannot be faulted for taking the view that the reading of Statute read with the resolution passed by the State Government, University employees will be entitled to include 50% of the D.A. into their basic pay for the purposes of calculating their pension.= It is interesting to note that the University was a party to the Writ Petition but the University did not challenge the decision rendered either by the Single Judge or by the Division Bench. 12. In view of this position, in our view, there is no reason to entertain this appeal. The Civil Appeal is, accordingly, dismissed. No costs.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40601 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 200 OF 2011 STATE OF BIHAR & ORS. APPELLANTS VERSUS SUDHIR CHANDRA KUMAR & ORS. RESPONDENTS WITH C.A.NO.205/2011, 206/2011, 207/2011, 208/2011, 209/2011, 210/2011, 202/2011, 203/2011, 201/2011 AND 204/2011. O R D E R 1. We have heard Mr.Manish Kumar, learned counsel … Continue reading

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