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“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”
The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.
“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”
“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”
‘Ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged.’
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’
“If the State, whose duty it was to bring the offenders to justice, took sides with an accused and permitted him to dictate the manner in which the investigation against him was to progress, it would be antithetical to the concept of ‘the rule of law’.”
“Furlough is not a matter of right, rather, it is a discretionary concession that may be granted or denied based on established criteria, circumstances, and the authority’s judgment”.
It is no longer res integra that fiscal health consideration is relevant for a corporation to decide the commencement date of enhanced pensionary benefits.
An arbitrary review of a predecessor’s order is impermissible in law if the same is not void or contrary to the statutory provisions.
This Court cannot decide question of inclusion of retired officials of Paramilitary Forces (CRPF, BSF, CISF etc.) in the definition of Ex-Serviceman. It is a policy matter, and the State has to decide the issue.
“If the action of official respondents is not set at naught, it would legalize their action. It would create undue benefit in favour of private respondents as well as encourage officers to follow the same practice. It would be violative of Articles 14 and 16 of the Constitution of India because seniority and promotions are facets of conditions of service.”
“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”
The petitioner, Purple Products, imported Tin Ingots manufactured from Malaysia, with a valid Certificate of Origin and based on such certification, it claimed and availed benefits under Customs Exemption Notification No. 46 of 2011, dated 1-6-2011, from time to time.
Instigation or incitement on the part of the accused person was the gravamen of the offence of abetment to suicide but a mere allegation or accusation of harassment made by the deceased prior to his death, cannot be held as the fulcrum of an offence under Section 306 IPC.
The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.
The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.