Justice PV Sanjay Kumar

Early Life and Education1

Justice Puligoru Venkata Sanjay Kumar was born on 14-08-1963 to late P. Ramachandra Reddy and late P. Padmavathamma. He completed his graduation in Commerce from Nizam College, Hyderabad, and secured his degree in Law from Delhi University in 1988.

Did you Know? Justice P.V Sanjay Kumar’s father P. Ramachandra Reddy was the Advocate General of Andhra Pradesh from 1969 to 1982.

Career Trajectory

As an Advocate2

In August, 1988, Justice PV Sanjay Kumar was enrolled as a member of the Bar Council of Andhra Pradesh. He was attached to the office of his father, P. Ramachandra Reddy and gained exposure to various branches of law. After the retirement of his father from the profession, Justice PV Sanjay Kumar started practicing independently and represented the High Court of Andhra Pradesh and Subordinate Judiciary, Hindustan Petroleum Corporation Limited, Indian Oil Corporation Limited and Special Officer, Urban Land Ceilings, Hyderabad, in the High Court of Andhra Pradesh.

From 2000 to 2003, Justice PV Sanjay Kumar also served as a Government Pleader in the High Court of Andhra Pradesh until his elevation as a judge.

As a Judge3

Justice PV Sanjay Kumar was elevated to the coveted post of Additional Judge in Andhra Pradesh High Court being appointed on 08-08-2008 where he served till 19-01-2010. He was then sworn in as a Permanent Judge on 20-01-2010. Furthermore, Justice Sanjay Kumar was also sworn in as a Judge of Telangana High Court upon its formation on 01-01-20194.

Later, Justice PV Sanjay Kumar was transferred to the High Court of Punjab and Haryana where he assumed charge as a Judge on 14-10-2019. Justice Kumar was then transferred to Manipur High Court where he assumed charge as the Chief Justice of Manipur High Court 14-02-2021 and bid farewell on 05-02-2023 after his elevation to the Supreme Court of India.

The Supreme Court in the collegium resolution dated 13-12-20225 recommended Justice Kumar’s name to the highest court of India. Justice PV Sanjay Kumar was appointed as Judge of the Supreme Court of India on 04-02-2023 and assumed office on 06-02-2023.

Notable Decisions by Justice P.V Sanjay Kumar

*Did you Know? In his judicial career so far, Justice P.V. Sanjay Kumar has been part of over 200 decisions.6

Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court

The present appeal was filed against the judgment and order dated 18-11-2022 (‘the impugned order’) passed by the Karnataka High Court (‘the High Court’), whereby the order dated 23-6-2022, passed by the Central Administrative Tribunal (‘the Tribunal’), was set aside. The Division Bench of Sanjay Kumar and Satish Chandra Sharma*, JJ., held that Rule 13(2) read with Rule 14 and Appendix 3 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (‘CCS CCA Rules’), made it clear that an authority empowered to inflict minor penalties, like in the present case, General Manager, could issue a charge sheet even for imposition of major penalties. The Court allowed the appeal, set aside the impugned order and opined that initiation of disciplinary proceedings could be done by Member Telecommunications Commission as well as by General Manager, Telecommunication. Read more..

[Union of India v. R. Shankarappa, 2025 SCC OnLine SC 1510]

Can a power of attorney holder by signing a sale deed on behalf of the principal, become the ‘Executant’? SC refers issue to Larger Bench

While considering the instant appeal revolving around the validity of a registered Irrevocable General Power of Attorney, the Division Bench of Sanjay Kumar and K.V. Viswanathan, JJ., took note of the contradiction on the issue that whether a power-of-attorney holder, who signs a sale deed on behalf of the principal, would become the ‘executant’ and thus be covered by Section 32(a) of the Registration Act, 1908 (the Act) and need not fulfil the requirements of Sections 32(c) and 33 of the Act. Read more..

[G. Kalawathi Bai v. G. Shashikala, 2025 SCC OnLine SC 1437]

SC dismisses petition to initiate contempt action against BJP MP Nishikant Dubey; Terms his scandalizing remarks against SC & CJI as irresponsible

While considering the instant petition under Article 32 read with Article 129 of the Constitution seeking initiation of suo motu criminal contempt proceedings against BJP MP Nishikant Dubey, for making deliberate and scandalizing remarks against the Supreme Court of India and the Chief Justice of India; the Division Bench of Sanjiv Khanna, CJI., and Sanjay Kumar J., declined to entertain the petition. However, the Court opined that the comments by the BJP MP were highly irresponsible and reflect a penchant to attract attention by casting aspersions on the Supreme Court of India and the Judges of the Supreme Court. This apart, the statements show ignorance about the role of the constitutional courts and the duties and obligations bestowed on them under the Constitution.

<pThe Court further opined that courts are not as fragile as flowers to wither and wilt under such ludicrous statements. “We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so” Read more..

[Vishal Tiwari v. Union of India, 2025 SCC OnLine SC 1057]

‘No agreement on choice of appointing authority’; SC directs parties to approach Secretary General of Permanent Court of Arbitration

While considering the instant arbitration petition, the 3-Judge Bench of Sanjiv Khanna, CJI., Sanjay Kumar and Joymalya Bagchi, JJ., pointed out that there was there was no agreement on the choice of the appointing authority after the petitioner, Tata Communications Limited, issued notice dated 28-01-2021. Disposing of the petition, the Court said that Tata Communications Limited, or any other party, would be required to request the Secretary General of the Permanent Court of Arbitration to designate an appointing authority. While considering the petition, the Court took note of Article 6 of the United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”. Read more..

[Tata Communications Ltd. v. Aurora Engineering Company, 2025 SCC OnLine SC 632]

‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing

In a criminal appeal against Allahabad High Court’s decision, whereby the High Court refused to quash the proceedings instituted against the accused for offence under Section 306 of the Penal Code, 1860 (‘IPC’), the three Judge Bench of Sanjiv Khanna, CJI and Sanjay Kumar and KV Viswanathan*, JJ. allowed the appeal and constituted a Special Investigation Team to reinvestigate the unnatural death of the deceased girl. The Court quashed and set aside the pending proceedings before the Trial Court. Read more..

[State of Ayyub v State of UP, 2025 SCC OnLine SC 259]

‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national

In a criminal appeal against a decision of Allahabad High Court, refusing to quash the First Information Report (FIR), the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. held that the High Court erred in refusing to quash the FIR, as the FIR did not disclose the commission of the offence as alleged. The Bench added that besides the vague allegations, the rest of them, even if taken as true, did not disclose the commission of any offence and made out a case against, the present accused. Thus, allowing the appeal, the Court set aside the impugned decision along with the subject FIR. Read more..

[Kim Wansoo v State of UP, 2025 SCC OnLine SC 17]

SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council

While considering the instant matter wherein the Court had to consider whether a writ petition under Article 226 of the Constitution would be maintainable against an order passed by the Micro and Small Enterprises Facilitation Council (MSEFC) in exercise of power under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) and if yes, then under what circumstances; the 3-Judge Bench of Sanjiv Khanna, CJ*., Sanjay Kumar and Manmohan, JJ., deemed it fit to refer the matter to a larger bench of 5 Judges. The Court identified the following issues to be determined by a larger Bench:

  • Whether the ratio in India Glycols Limited v. Micro and Small Enterprises Facilitation Council, Medchal — Malkajgiri, 2023 SCC OnLine SC 1852, that a writ petition could never be entertained against any order/award of the MSEFC, completely bars or prohibits maintainability of the writ petition before the High Court?
  • If the bar/prohibition is not absolute, when and under what circumstances will the principle/restriction of adequate alternative remedy not apply?
  • Whether the members of MSEFC who undertake conciliation proceedings, upon failure, can themselves act as arbitrators of the arbitral tribunal in terms of Section 18 of the MSMED Act read with Section 80 of the A&C Act?

The Court clarified that the 1st and 2nd question will subsume the question of when and in what situation a writ petition can be entertained against an order/award passed by MSEFC acting as an arbitral tribunal or conciliator. Read more..

[Tamil Nadu Cements Corporation Limited v. Micro and Small Enterprises Facilitation Council, 2025 SCC OnLine SC 127]

[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC

In a criminal appeal against a decision of the Rajasthan High Court quashing the FIR against the accused teacher/ 3rd respondent considering that a compromise was reached between him and the father of the minor girl/ victim, the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. held that quashing the FIR in the serious offence of sexual assault solely pn the basis of settlement and compromise between the parties was erred and required interference. Hence, the Court allowed the appeal and set aside the impugned order. Consequently, the FIR, investigation and criminal proceedings pursuant thereto proceeded against the accused, in accordance with the law. Read more..

[Ramji Lal Bairwa v State of Rajasthan, 2024 SCC OnLine SC 3193]

[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt

In set of criminal appeals one by the State of Bihar, through the Central Bureau of Investigation (‘CBI’), and the other by Rama Devi, the wife of one of the deceased— Brij Bihari Prasad, a member of the Bihar Legislative Assembly against a decision of the Patna High Court reversing the Trial Court’s decision convicting the nine accused persons, the three-Judge Bench of Sanjiv Khanna, Sanjay Kumar and R. Mahadevan, JJ. partially allowed the appeals and restored the Trial Court’s decision to convict the two of the accused persons (A-4 and A-8), including Vijay Kumar Shukla (former MLA Munna Shukla). The Court set aside the High Court’s decision in reference to these two accused persons, however, giving the benefit of doubt, the Court refused to interfere with the impugned decision in reference to the other accused persons. Read more..

[Rama Devi v State of Bihar, 2024 SCC OnLine SC 2692]

Wife’s guilt under S. 498-A IPC can’t become a ground to hold husband guilty in absence of specific material on record: SC

While considering the instant appeal challenging Bombay High Court’s decision confirming the appellant’s conviction under Section 498-A of Penal Code, 1860 (IPC) and commutation of sentence imposed therefor to the period of imprisonment already undergone; the Division Bench of C.T. Ravikumar* and Sanjay Kumar, JJ., set aside the impugned judgment of the High Court, thereby acquitting the appellant of the offence under Section 498-A IPC. The Court found that there was no iota of evidence against the appellant to hold that he was guilty under Section 498-A IPC. Furthermore, just because the appellant’s wife was found guilty under Section 498-A IPC, cannot be a ground to hold the appellant guilty in the absence of any specific material on record. Read more..

[Yashodeep Bisanrao Vadode v State of Maharashtra, 2024 SCC OnLine SC 2989]

Supreme Court partly stays hijab ban by Mumbai College; Issues notice to College

In the special leave petition challenging the order passed by the Bombay High Court, wherein the Court upheld the circular issued by a Mumbai College, imposing ban on students wearing burqa, hijab or niqab on campus, the division bench of Sanjiv Khanna and Sanjay Kumar, JJ. partly stayed clause 2 of the impugned circular to the extent it directs that no Hijab, Cap or Badge will be worn in the campus. Read more..

[Zainab Abdul Qayyum Choudhary v Chembur Trombay Education Society, 2024 SCC OnLine SC 1940]

Voter’s right to know not absolute’; SC upholds Karikho Kri’s 2019 election from Tezu Assembly

In a set of two civil appeals against the decision of Itanagar Bench, whereby the High Court had partially allowed the election petition holding the election of Karikho Kri from 44 Tezu (ST) as void on the grounds under Sections 100 of the Representation of the People Act, 1951, Aniruddha Bose and Sanjay Kumar*, JJ. allowed the appeal by Karikho Kri and set aside the impugned decision. The Bench opined that the blanket proposition that a candidate is required to lay his life out threadbare for examination by the electorate is not acceptable and the candidate’s ‘right to privacy’ would still survive. Read more..

[Karikho Kri v Nuney Tayang, 2024 SCC OnLine SC 519]

Person defying orders and absconding not entitled to anticipatory bail: Supreme Court

In an appeal against order dated 4-04-2023 passed by Patna High Court dismissing application for anticipatory bail pertaining to First Information Report (‘FIR’) filed under Sections 341, 323, 354, 354(B), 379, 504, 506 and 149 of the Penal Code, 1860 (‘IPC’) and Section 3/4 of Prevention of Witch (Daain) Practices Act, 1999 (‘Witch Act’), the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. clarified that since the appellants were defying bailable as well as on-bailable warrants, even absconding the proceedings were not entitled to anticipatory bail. Read more..

[Srikant Upadhyay v. State of Bihar, 2024 SCC OnLine SC 282]

Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals

In a case where a young boy was cruelly done to death but the prosecution had “utterly failed to pass muster in establishing its case”, the 3-judge bench of BR Gavai, JB Pardiwala and Sanjay Kumar, JJ has suggested that it is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country. Read more..

[Rajesh v. State of M.P., 2023 SCC OnLine SC 1202]

‘Ramifications of S. 8 Representation of People Act is wide ranging’; Supreme Court stays conviction passed against Rahul Gandhi in Modi Surname defamation case

An appeal was filed by Rahul Gandhi challenging the judgment and order passed by the Single Judge Bench of Gujarat High Court for an offence punishable under Section 499 of Penal Code, 1860 dismissing the revision petition, which was, in turn filed challenging the order of the Sessions Judge, thereby rejecting the prayer for a stay of conviction. A three-judge bench of B R Gavai, P S Narsimha, and Sanjay Kumar, JJ., stayed the conviction observing that the ramification of subsection (3) of Section 8 of the Representation of People Act are wide-ranging, as they not only affect the right of the appellant to continue in public life but also affect the right of the electorate, who have elected him, to represent their constituency. Read More

[Rahul Gandhi v Purnesh Ishwarbhai Modi, 2023 SCC OnLine SC 929]

Management cannot challenge Award granting reinstatement in service after allowing workmen in regular service for over 2 decades

An appeal was filed to consider whether the action of the management of Food Corporation of India, Patna, retrenching the services of 21 casual workers is justified and legal and the reliefs to be granted. A division bench of Krishna Murari and Sanjay Kumar, JJ., allowed the appeal and set aside the impugned award. The Court observed that-

“Having allowed the workmen to put in regular service to its own benefit for over two decades, the management can no longer claim an indefeasible right to continue with and canvass its challenge to the Award, merely because it made its compliance with the Award conditional long ago. In the light of their absorption in regular service, these workmen, who may have otherwise opted for employment opportunities elsewhere, altered their position and remained with the FCI. Having placed them in that position, it is no longer open to the management of FCI to seek to turn back the clock.” Read More

[Food Corporation of India Executive Staff Union v Food Corporation of India, 2023 SCC OnLine SC 757]

Manipur High Court upholds compensation of Rs 10 Lakh to MSPDCL due to its negligence which led to disability of a 5-year-old child

In an appeal filed by the Commissioner (Power), State of Manipur challenging and seeking stay on the operation of the judgment directing the appellants to pay compensation of Rs. 10,00,000/- to the writ petitioners within 60-days, after deducting the amount, if any, already paid to them. This is due to a child of 5 sustaining serious injuries resulting in the amputation of both her arms at the shoulder level quantified at 90% after she came in contact with a 11 KV electrical overhead line that passed adjacent to the building where she was playing. A Division Bench of Sanjay Kumar, CJ. And M V Muralidaran, J., held that the Judge was correct and justified in exercising writ jurisdiction and awarding compensation to the petitioners at least to the tune of Rs. 10,00,000/- as the petitioners are only maintaining a claim in tort, the negligence on the part of the MSPDCL is writ large. When the authorities concerned, and more particularly the MSPDCL, were dealing with the distribution and transmission of a potentially dangerous and hazardous commodity, viz., electricity, it was incumbent upon them to abide by all the prescribed statutory norms in the context of safety. The MSPDCL never undertook any such measures as it seems to have failed to maintain safety standards under Rule 29 of the Rules of 1956 and carry out periodical inspections, as mandated by Rule 46 thereof. Read More

[State of Manipur v Baby Khushi Kumari, 2022 SCC OnLine Mani 451]

Manipur High Court grants bail to accused in terrorist attack on convoy of 6 Dogra Regiment of Indian Army

In an appeal filed by the accused in connection with a case where charges were framed against the appellant-accused under Sections 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. The case relates to abetment and commission of a terrorist act of attacking a convoy of 6 Dogra Regiment of Indian Army at Paraolon, Chandel District, P.S. Tengnoupal, killing a total of 18 army personnel and grievously injuring 15 army personnel, thereby committed the offence punishable u/S 18 of the Unlawful Activities Prevention Act and within my cognizance along with being a member of a terrorist organization i.e., NSCN(K), which is involved in terrorist act. The bail was sought on the ground that despite the lapse of several years since the filing of the Charge-Sheet, only a handful of witnesses have been examined till date and argue that there is no possibility of the trial concluding any time soon and the continued incarceration of the appellant was unfair and unjust as he is yet to be found guilty of the charged offences. A division bench of Sanjay Kumar, CJ., and M V Muralidaran, J., held that stringent conditions would have to be imposed while granting him bail.

[Khumlo Abi Anal v NIA, 2022 SCC OnLine Mani 108]

‘India has no refugee protection policy but grants asylum’; Manipur High Court grants protection under Article 21 to Myanmarese refugees who entered India illegally

A petition was filed by a human rights advocate seeking to allow the seven named Myanmarese citizens, who entered India illegally, to travel to New Delhi to seek protection from the United Nations High Commissioner for Refugees (UNHCR). A division bench of Sanjay Kumar, CJ., and Lanusungkum Jamir, J., held that India has no clear refugee protection policy or framework, it does grant asylum to many refugees from nearby countries. India usually respects the UNHCR’s recognition of the status of such asylum seekers, mainly from Afghanistan and Myanmar. Therefore, it would be essential for these seven Myanmarese persons to first approach the UNHCR at New Delhi and only thereafter would the Union of India be able to call whether they can be granted refugee status and asylum in India, as was done earlier. In the alternative, the UNHCR would be at liberty to rehabilitate these people in host countries under the 1951 Refugee Convention. In either event, these people cannot be made to face persecution, if not a threat to their very lives and liberty, by being deported to their home country.

[Nandita Haksar v State of Manipur, 2021 SCC OnLine Mani 176]

Manipur High Court sets aside conviction of husband charged with murder of his wife giving benefit of doubt

In an appeal filed by the husband who was charged with the murder of his newly wedded wife challenging the judgment whereby the Judge convicted the husband of the offence punishable under Section 302 IPC but acquitted his parents of all charges. A division bench of Sanjay Kumar, CJ., and M V Muralidaran, J. held that the conviction of the husband for the offence punishable under Section 302 IPC in relation to the homicidal death of his wife, Latabi Devi, cannot be sustained as the charge against him was not proved beyond reasonable doubt and he was entitled to claim the benefit of doubt.

[Ngangbam Premjit Singh v State of Manipur, 2022 SCC OnLine Mani 450]

Punjab and Haryana High Court dismisses petition anticipating threat and danger to the election process relating to Municipal Council of Fazilka, District Fazilka

A petition was filed being aggrieved that the election process relating to the Municipal Council of Fazilka, Tehsil and District Fazilka, is under threat and there is imminent danger to the lives and liberty of the petitioners who are contesting the said election. A division bench of Sanjay Kumar and Archana Puri, JJ., dismissed the petition and directed the State Election Commission, Punjab, to take appropriate measures on the strength of the petitioners’ representation dated 06-02-2021, as warranted, to ensure that the election is held in a free and fair manner.

[Ashok Kumar v Union of India, 2021 SCC OnLine P&H 294]

Punjab and Haryana High Court directs to submit a representation to the driver challenging his transfer being in violation of Online Transfer Policy

A petition was filed by the petitioner, a driver in the Transport Department of the State of Haryana, assailing the transfer order dated 17-08-2020 whereby he was transferred from Faridabad Depot to Rohtak Depot as the said transfer was in violation of the Online Transfer Policy, which requires sympathetic consideration of cases such as the petitioners, as his son is 100% physically handicapped. Sanjay Kumar, J., directed the petitioner to submit a representation to the duly constituted Grievance Redressal Forum, ventilating his grievance, within one week from today to be considered on merits and in accordance with the policy. The Court further kept the impugned transfer order in abeyance till the consideration of such representation and communication of the decision taken thereon.

[Idu v State of Haryana, 2021 SCC OnLine P&H 146]

Punjab and Haryana High Court directs medical termination of pregnancy of a woman having severe congenital malformation of the fetal brain and spinal cord

In a petition filed by the petitioner who was pregnant and seeking to terminate her pregnancy on medical grounds, Sanjay Kumar, J., permitted the petitioner to undergo medical termination of her pregnancy at the second respondent-Institute and directed the Institute to ensure effective measures for termination of the pregnancy at the earliest, considering the advanced stage of her pregnancy.

[Anju Bala v State of Punjab, 2021 SCC OnLine P&H 85]

Punjab and Haryana High Court provides relief to a Kisan seeking issuance of his Kisan Credit Card

A petition was filed by a kisan being aggrieved that he is not being issued a Kisan Credit Card as per the policy guidelines of the Union of India despite he has submitted all the necessary documents but the State Bank of India is not taking a decision in the matter. Sanjay Kumar, J., directed the petitioner to visit the Barwala Branch of the State Bank of India and submit the documents, if any, that are sought by the Bank for processing his application for issuance of a Kisan Credit Card. The Court further directed that upon the petitioner doing so, the State Bank of India shall complete the process and take a decision as to the issuance of a Kisan Credit Card to the petitioner expeditiously and in any event, not later than seven days from the date of receipt of the documents, if any, from the petitioner.

[Rajinder Kumar Sharma v Union of India, 2020 SCC OnLine P&H 2134]

Andhra Pradesh High Court| ‘Graduation’ degree must for promotion as Administrative Officers from Superintendent as per AP Judicial Ministerial Service Rules, 2003

A case was filed for considering whether Superintendents in the Judicial Ministerial Service who were originally appointed under the Andhra Pradesh Judicial Ministerial Service Rules, 1964, are required to possess the qualification of Graduation, prescribed under the Andhra Pradesh Judicial Ministerial Service Rules, 2003, to be promoted as Administrative Officers. A full bench of Goa Raghuram, P V Sanjay Kumar and G Krishna Mohan Reddy, JJ., held that the Rules of 2003 require that a person promoted to the post of Administrative Officer from the category of Superintendent, after the advent of the said rules, must possess the qualification of Graduation, irrespective of whether he entered the service under the Rules of 1964 or under the Rules of 2003.

[B Mutyalamma v Andhra Pradesh High Court, 2012 SCC OnLine AP 726]

Whether term of the Members of the Wakf Board under Wakf Act, 1995 co-terminus with their terms as the Members of Parliament and the State Legislative Assembly? Andhra Pradesh High Court answers

A case was filed to consider whether the term of the Members of the Wakf Board under Section 14(1)(b)(i) and (ii) of the Wakf Act, 1995 is co-terminus with their terms as the Members of Parliament and the State Legislative Assembly. A full bench of V Eswaraiah, C V Nagarjuna Reddy and PV Sanjay Kumar JJ., held that mere expiry of the term of a Member of Parliament or of the State Legislature would not impact his elected Membership of the Wakf Board under Section 14(1)(b)(i) and (ii) of the Act of 1995 and he would be entitled to continue as a Member of the Wakf Board for the full term.

[Shaik Farid v Government of AP, 2012 SCC OnLine AP 946]

Whether person appointed by Government on contract basis under Andhra Pradesh State and Subordinate Service Rules, 1996 holds a civil post under the State? Andhra Pradesh High Court clarifies

A case involving an important question of law to be settled, the Division bench referred the matter to Full Bench to consider Whether a person appointed by the Government on contract basis under Rule 9(a) of the Andhra Pradesh State and Subordinate Service Rules, 1996 holds a civil post under the State. A full bench of VVS Rao, Ramesh Ranganathan and P V Sanjay Kumar, JJ., held that the service of the appellant/writ petitioner demonstrated that the appellant/writ petitioner was under the total control of the college, and he was appointed under a ‘contract of service’ and not a ‘contract for service’. Therefore, viewed in the context of the constitutional/statutory framework this contract of service qualified the appellant/writ petitioner as a holder of a ‘civil post’ under the State governed by the Rules of 1996.

[Mohammed Azmat Ali v Directorate of Intermediate Education, 2011 SCC OnLine AP 769]

Whether secured creditors seeking to initiate proceedings under SARFAESI Act have right to publish/display personal details of default borrowers? Telangana High Court analyses

A case was filed to consider whether a secured creditor who seeks to initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has the right to publish/display the photographs of borrowers in default along with their names and addresses in newspapers or other places. A division bench of Sanjay Kumar and P Keshava Rao, JJ., held that in light of RBI instructions, secured creditors under the SARFAESI Act cannot resort to publication of photographs of borrowers’ as defined in the Act unless they have been declared wilful defaulters in terms of the Master Circular on Wilful Defaulters dated 01-07-2015.

[Crimson Sky Ventures Private Limited v Reserve Bank of India, 2019 SCC OnLine TS 1011]

Telangana High Court decides the fate of appeals passed by Common High Court at Hyderabad but relates to only residents of Andhra Pradesh considering Andra Pradesh Reorganisation Act, 2014

In a batch of appeals filed seeking to identify all the cases where the subject matter of the lis is situated in the State of Andhra Pradesh or where the parties thereto are residents of Andhra Pradesh and to pass appropriate orders for transfer of all such cases to the High Court of Andhra Pradesh at Amaravathi, by exercising power under the proviso to Section 40(3) of Andhra Pradesh Reorganisation Act, 2014, in the interest of justice and for the convenience of the Advocates as well as the public in general. The case relates to the fate of the writ appeals and cases of like nature, which either arise out of or pertain to orders passed by the erstwhile common High Court at Hyderabad for the States of Telangana and Andhra Pradesh but relate wholly and only to the people of the present State of Andhra Pradesh and/or the properties situated in the said State. A division bench of Thotthatil B Radhakrishnan, CJ., and Sanjay Kumar, J., held that the Hyderabad High Court has the sole jurisdiction to continue to deal with the writ appeals on hand and all such other matters which would come within the ambit of Section 40(3) of the Act of 2014, it would be well within the administrative power of the Chief Justice of the Hyderabad High Court under the proviso to Section 40(3) of the Act of 2014 and given the circumstances, it would perhaps be advisable, to transfer these writ appeals and all such cases akin thereto, including contempt cases, review petitions and applications seeking leave to approach the Supreme Court in relation to the orders passed by the erstwhile common High Court at Hyderabad, to the newly constituted High Court for the State of Andhra Pradesh at Amaravathi.

[Andhra Pradesh High Court Advocates Association v Union of India, 2019 SCC OnLine TS 1253]


1. Manipur High Court

2. Telangana High Court

3. Supreme Court Observer

4. https://www.sci.gov.in/judge/justice-sanjay-kumar/

5. Supreme Court Collegium Resolution

6. scconline.com | coram only feature

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