LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Aish Mohammad vs. State of Haryana & Ors.

Civil Appeal · 2023 INSC 578Decided 14 Jun 2023
Civil Appeal No. 4044 of 2023
Vikram Nath · Ahsanuddin Amanullah

Background

The appellant, a Head Constable in Haryana Police, was reverted to Constable after a departmental enquiry and later had adverse remarks recorded against him for certain periods. After a civil court partly set aside the punishment and adverse remarks were eventually expunged by the Inspector General of Police, the Director General of Police issued a show-cause notice alleging that the expunction had been wrongly granted and that it had let the appellant avoid compulsory retirement. The DGP ordered reconstruction of the ACRs, and the appellant was ultimately compulsorily retired. While a Single Judge of the Punjab and Haryana High Court had ruled in the appellant's favour, a Division Bench reversed that decision, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that a civil court has no power under the Punjab Police Rules, 1934 to grant a police employee liberty to file a fresh (second) representation against adverse remarks once such remarks have already been considered: a 1971 government instruction expressly bars a repeat representation to the same authority, and the same authority does not have power to review its predecessor's order. Since the Inspector General's expunction of remarks was therefore made without jurisdiction, the Director General of Police was right to issue a show-cause notice and take corrective action, including compulsory retirement based on the restored adverse remarks. The Court agreed with the ultimate outcome reached by the High Court's Division Bench (dismissal of the appellant's claim), though for different reasons, and dismissed the appeal while leaving parties to bear their own costs.

Lesson Learnt

A government employee cannot use repeated representations to the same authority to get adverse service remarks erased; once a competent authority has ruled on such a representation, only a higher/superior authority, not the same one, can be approached again, and even courts cannot create such a review power where none exists in the service rules.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Service & Administrative Law

Service & Administrative LawSupreme Court of India

M. Prema v. The State of Tamil Nadu Rep. by its Secretary to the Government and Ors.

The Supreme Court agreed with the High Court that Direct recruits, having come through the regular competitive process, rank above Special appointees, who entered through temporary appointments later regularised. However, it held the High Court was wrong to rank Compassionate appointees above Direct recruits merely because of an executive Government Order fixing their seniority by appointment date: such an executive order cannot override the basic service-law principle that employees selected through a regular process must rank senior to those who entered through exceptions like compassionate appointment. The Court further held that, as between Special appointees and Compassionate appointees, seniority should be fixed by date of regularisation rather than any other formula. The Transferred Cases were dismissed, and the Civil Appeals were disposed of/allowed to the extent needed to reflect this ranking (Direct recruits > Compassionate appointees > Special appointees, broadly, subject to date-of-regularisation for the latter two inter se).

Decided 9 Oct 2026Read case
Service & Administrative LawSupreme Court of India

State of Bihar & Ors. v. Nandeshwar Kumar

The Supreme Court allowed Bihar's appeal and set aside the reinstatement order. It held that eligibility had to be assessed under the 2006 recruitment rules governing Kumar's 2007 appointment, rather than solely by the date of his training certificate. He lacked a certificate from an NCTE-recognised training institution as required for that appointment, so obtaining the certificate before the NCTE law took effect did not establish eligibility. The Court noted the inadequate material behind earlier findings about the college's genuineness, but resolved this appeal on the statutory qualification requirement rather than declaring the certificate fake.

Decided 7 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Chhaganbhai Kohyabhai Pateliya & Ors. v. State of Gujarat & Ors.

The Supreme Court allowed the appeal in the terms it set out. Because the Single Judge was dealing with a batch of employees, the Court held that each claimant must apply, and the authorities must verify each claim and pay the increment and revise pension and retiral dues accordingly. It extended the same benefit to the proforma respondents who had not joined the appeal. It directed the authorities to release the amounts due within 30 days, failing which interest at 6% per annum would be payable from the date of default. It also left the individual calculations to the authorities, relying on its earlier orders on arrears and interest.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Axay Kumar vs. Union of India & Ors.

The Court granted leave and liberty to withdraw, and the writ petition was disposed of as withdrawn, with the petitioner free to file afresh in accordance with law. No findings were made on the underlying grievance.

Decided 6 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Santosh B. Naik v. State of Goa & Ors.

The Supreme Court held that the High Court had erred in interfering with the selection committee's eligibility decision, which was in accordance with the Recruitment Rules for the post and the advertisement. The Court set aside the High Court's judgment, along with the other candidate's later appointment, and restored the committee's decision and the appellant's temporary appointment. It clarified that its conclusion applies only to the Recruitment Rules for this post and expresses no view on the general recognition of NIOS qualifications for other purposes.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Anil Kumar Tanwar vs. The Central Bureau of Investigation & Anr.

The Court disposed of the writ petition on the parties' agreed terms: the CBI was directed to file its reply to the pending application within two weeks, both sides were to exchange short notes of submissions before the Tribunal, neither side could seek adjournments when the matter is listed, and the Court requested the Tribunal to finally decide the matter (which involves a transfer) on 29 October 2026.

Decided 6 Oct 2026Read case