Digi - Legal Insights

Recruitment and promotion - Vacancy of LDC in aided school must first be considered for promotion from Group D employees through DPC - Direct recruitment permissible only if no eligible candidate available - Petition allowed.

Service law - Failure to clear mandatory Screener Certification Course twice justified initiation of minor penalty - No procedural infirmity in penalty of ‘Censure’ - Petition dismissed.

Revised pay scale - Group ‘D’ employees completing training in 2010 entitled to revised pay scale under 6th and 7th Pay Commission with notional fixation from training date and arrears from 01.01.2016; retrospective benefits from appointment date denied due to delay and acquiescence.

Maternity benefits - Under Section 27 of the Maternity Benefit Act, 1961, central law overrides inconsistent service rules; denial of paid maternity leave to temporary government servants is unlawful and discriminatory.

Recruitment process - Rejection of candidature on account of clerical error in application form, despite clear proof of eligibility in academic records, is unjust; candidature must be considered to avoid injustice.

Interim possession - Revisional court cannot alter possession status in preventive proceedings under Section 164 BNSS - Sessions Court exceeded jurisdiction by granting interim access - Impugned order quashed - Petition allowed.

Rape and cheating - Conviction quashed on basis of complainants voluntary compromise and withdrawal of allegations - Continuation of proceedings held abuse of process - Appellant acquitted - Appeal allowed.

Material on record is not sufficient for prosecution to establish charge against applicant, in such circumstances, subjecting Applicant to trial would not only be a mere formality but also abuse of process of law.

Sessions Court exceeded its authority by reassessing evidence and overriding Magistrates conclusions rather than identifying any legal infirmities in order, this approach neglected objective of Section 145 proceedings.

If offence is serious, Court must exercise caution while exercising power to grant pre-arrest bail, as it may sometimes lead to tampering or distraction of the evidence.

Applicant, in custody since February 2024, has refused to cooperate in trial and is deemed unfit for bail due to serious charges and attempts to delay proceedings.

Considering circumstances on record, it is appropriate to allow Appellant a reasonable opportunity to pursue appeal on its merits and thus, leave to appeal is granted.

Pension is not a discretion of employer but a valuable right to property and can be denied only through authority of law hence, bank must reconsider pension reduction with proper consultation and hearing.

Case is proved beyond reasonable doubt hence, trial Court was justified in awarding conviction and sentence to Appellant.

Appellant was acquitted from charges of conspiracy and destruction of evidence under IPC, as no evidence of active role in conspiracy.

Driver of commercial vehicle, which was under 7500 Kg, was validly licensed to operate it without needing additional endorsements hence, Insurance Company is to indemnify awarded compensation to claimants and recover it from vehicle owner.

Conviction under Section 302 of IPC and life sentence were set aside, Appellant was instead convicted under Section 304 Part-I of IPC.

Impugned order of acquittal held proper, as offence in question was not proven.

Trial Court rightly acquitted accused from all charges, as offence in question was not proven.

Appellants conviction and sentences for Sections 376(2)(f) and 377 are set aside due to reasonable doubt, while conviction and sentence for Section 363 are affirmed.