2025 SCC Vol. 5 Part 5
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
Service Law
Why Supreme Court decided to quash recruitment of 1091 Asst. Professors & 67 Librarians in Government Degree colleges of Punjab
“Quashing of the entire recruitment process may cause hardships for the selected candidates, but at the same time, there is no equity in the favour of selected candidates as challenge to the recruitment was made during the pendency of the process.”
‘Imposition of punishment is managerial function’: Chhattisgarh HC upholds termination of Bhilai Steel Plant technician for habitual absenteeism
“It is well settled position of law that the imposition of punishment is a managerial function of the management and unless the punishment is so shocking or touches the conscience of the Court, it should not be interfered with by the Court.”
Gauhati High Court directs contractual music teacher to approach Governor for exercise of discretionary powers for pension relief
“The alleged termination order of the petitioner, though said to be illegal and arbitrary, was not put to challenge either in the present or earlier writ proceeding.”
‘The Court cannot assume the role of an examiner, doing so would breach judicial propriety’; Punjab & Haryana HC orders re-evaluation in Judicial Services Exam
“It is one thing for this Court to hold that the original assessment is infirm to such an extent as to warrant reevaluation; it is quite another and indeed impermissible for it to delve into the academic merit of an answer and render its own evaluative opinion thereon.”
Punjab and Haryana High Court dismisses State’s appeals against Policewoman’s Promotion; criticises baseless Adverse Remarks in ACR
The Court stated that the Single Judge correctly assessed the sharp contradiction that crept in the policewoman’s work record as she received a commendation certificate the same year as the adverse remarks. The Single Judge also noticed that the Commissioner of Police made adverse remarks in the ACR while the Deputy Commissioner did not find anything amiss with her record.
Explained | Why SC upheld validity of restrictive covenant with indemnity clause of Rs 2 Lakhs in case of premature resignation from Vijaya Bank’s service
Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
Cases Reported in HCC | Latest High Court Cases on Service and Labour Laws
Explore the latest Cases reported in SCC’s High Court Cases (HCC)Volume on Industrial Dispute, Transfer of Employees, Departmental Enquiry, Compulsory Retirement and much more.
Transfer order with assignment to teach unqualified subject is ‘malice in law’ and violates Article 21-A: Rajasthan High Court
“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
‘Could not have departed from NCTE Notification’; Punjab and Haryana HC directs appointment of Junior Basic Teachers unjustly declared ineligible despite qualification
The Court held that what was essential was that a candidate must possess knowledge in Elementary Education, for which there were two qualifications, i.e., Diploma in Elementary Education (D. El. Ed.) or Bachelor in Elementary Education (‘B. El. Ed.’).
‘Can’t be made to suffer due to authorities’ default’; Gujarat HC grants Rs 25 Lakhs financial aid to wife of deceased worker in Govt. fair price shop
“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”
‘Removal from service is shockingly disproportionate’; MP High Court directs reconsideration of punishment for proven misconduct
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
‘Error of judgment, not misconduct’; MP High Court set asides ADJ’s dismissal from service for being ‘shockingly disproportionate’
“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”
‘Re-evaluation beyond specified period anathema to finalization of result’; Gujarat HC directs appointment of 2019 GPSC exam candidates illegally rejected after succeeding
“The re-evaluation of the marks beyond the specified period at the discretion of the GPSC at any stage will be an anathema to the finalization/conclusion of the result. The final merit list or the result will always remain in the state of flux putting the career of the candidates at peril if such an approach, is allowed to be adopted.”
MP High Court quashes improper implementation of Reservation Rules in Selection Process; directs reconsideration of OBC female candidate’s candidature
“This Court is inclined to dispose of this petition with a direction to the respondents No.2/3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Rules of 2013.”
Compassionate appointment is one-time benefit, no betterment of position allowed; Chhattisgarh HC reiterates while rejecting post upgradation plea
“Acceptance of appointment, even under protest, amounts to exhaustion of the one-time benefit. There cannot be endless negotiation or choice in such appointments, which are an exception to the general rule of recruitment.”
Can promotion be denied based on adverse confidential reports which were never conveyed to the employee, depriving of opportunity to representation? SC answers
The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.
Only legally recognised heirs, preferably through a succession certificate, can stake a claim to deceased’s employment dues: MP High Court
“The nominee is nothing but a trustee who holds money on behalf of all the legal representatives.”
2025 SCC Vol. 3 Part 4
Criminal Procedure Code, 1973 — S. 439 — Grant of bail: Effect, when respondent-accused committed similar offence during bail
‘Pension is hard-earned benefit, can’t be withheld without authority of law as per Art. 300-A’; Chhattisgarh HC quashes pension recovery order passed against retd. public servant
“An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is a hard-earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per Article 300-A of the Constitution.”