Mool Chandra vs Union of India

Not available · 2024 INSC 577Decided 5 Aug 2024
Not available
Justice Aravind Kumar · Justice Sandeep Mehta

Background

The appellant, a government officer, was placed under suspension in 1997 and chargesheeted solely on the allegation that he had deserted his wife and two school-going children in 1985 and was living separately with another woman. His wife later filed an affidavit withdrawing her complaint, saying there had been a misunderstanding, but the inquiry officer still proceeded and found him guilty of desertion (though not of living with another woman). This led to his dismissal from service in 2000. After years of litigation, including an earlier round where the Tribunal found the dismissal disproportionate, a fresh application challenging a related penalty order was ultimately dismissed by the Central Administrative Tribunal and the Delhi High Court on the ground of delay.

Decision Breakdown

The Supreme Court held that the punishment imposed was wholly disproportionate to the alleged misconduct, especially since there was no real evidence establishing the charge and the complainant wife herself had withdrawn her complaint and was never examined to prove it. The Court noted there cannot be a searching judicial review of the quantum of penalty in the ordinary course, but here the finding of guilt itself was unsustainable on the facts. Rather than remitting the matter back (which would prolong things further), the Court itself set aside the impugned orders, citing the appellant's advanced age (68 years) and the complete absence of evidence against him. The appeals were allowed with all consequential benefits to be granted within three months, with no order as to costs.

Lesson Learnt

A disciplinary or dismissal order cannot stand if the underlying evidence collapses, especially when a complainant withdraws her complaint and is never examined, and courts will step in directly to correct manifestly disproportionate punishment rather than send an elderly litigant back through more rounds of process.

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