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“An order, which does not reflect even minimum application of mind, cannot be saved by filing an affidavit claiming that there was material based upon which such approval could have been granted.”
“The fact that the same authority first remanded the matter for enhanced punishment and then, being dissatisfied even with the enhanced penalty of four increments, proceeded suo motu to impose the maximum penalty of dismissal, raises a serious doubt regarding the objectivity and fairness of the process.”
“The report is bereft of independent findings on the report of the disciplinary committee by dealing the contentions/submissions raised by the respondent. The Council has done merely a cut-paste job and produced the entire report of the disciplinary committee in its report.”
“We are at pains to observe that authorities, entrusted with the solemn duty of safeguarding life and liberty treat it with such casual indifference, truly a case of the fox guarding the henhouse.”
In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”
The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields
Allahabad High Court: In application by Swami Chinmayanand Sarawati, former Union Minister for State, invoking extraordinary power of the Court
Supreme Court: A.M. Sapre, J. speaking for himself and Uday U. Lalit, J. allowed an appeal filed by the State of U.P.