Tag: Administrative Law

Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers

The Supreme Court affirmed Central Armed Police Forces (CAPFs) as 'Organized Group-A Services,' entitling officers to Non-Functional Financial Upgradation. It directed a six-month cadre review and recruitment rule revision. The Court also suggested progressively reducing IPS deputation posts in CAPFs to address officer stagnation and grievances Facts Of The Case: The case originated from a long-standing grievance of officers belonging to the Central Armed Police Forces (CAPFs) – including CRPF, BSF, SSB, ITBP, and CISF. These officers sought recognition of their services as 'Organized Group-A Services' (OGAS), a crucial classification for ensuring parity with other Group-A services and entitlement to benefits such as Non-Functional Financial Upgradation (NFFU). A primary co...
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Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition

The Supreme Court, exercising judicial review over executive decisions, set aside the High Court's directive for village recognition in Nagaland. The Court emphasized adherence to customary laws and specific Office Memorandums requiring "No Objection Certificates" from ancestral villages. It remanded the matter for comprehensive consideration of objections, including those from the appellant, affirming that inter-district boundary disputes are irrelevant to village recognition. Facts Of The Case: This Supreme Court judgment stems from a dispute concerning the recognition of Kakiho Village in Nagaland. The core of the matter involved the application of existing government Office Memorandums (O.M.'s) dated March 22, 1996, and October 1, 2005, which outline criteria for village recognition...
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Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?

The Supreme Court examined whether Air Force Schools qualify as a "State" under Article 12 or an "authority" amenable to writ jurisdiction under Article 226 of the Constitution. The majority held that despite partial government control and funding, the schools lacked pervasive state dominance, relegating disputes to private contract law. However, the dissenting opinion emphasized their public function, deep administrative control by the Indian Air Force, and indirect public funding, making them subject to writ jurisdiction. The split verdict clarifies the distinction between regulatory control and pervasive state authority in educational institutions Facts Of The Case: The case involved two civil appeals before the Supreme Court concerning the Air Force School, Bamrauli, Allahabad. In Ci...
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Supreme Court Directs Madhya Pradesh to Follow Central Rules for Forest Officers Performance Reports
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Madhya Pradesh to Follow Central Rules for Forest Officers Performance Reports

The Supreme Court quashed the Madhya Pradesh Government Order (G.O.) dated 29th June 2024, which allowed IAS officers to evaluate Indian Forest Service (IFS) officers' Performance Appraisal Reports (PAR). Reaffirming its 2000 ruling, the Court held that IFS officers up to the rank of Additional Principal Chief Conservator must be assessed by their departmental superiors, not IAS officers, to maintain service hierarchy and accountability under the All-India Services (Confidential Rolls) Rules, 1970. The State was directed to amend its rules within one month to comply with this mandate. Facts Of The Case: The case arose from a challenge to the Madhya Pradesh Government Order (G.O.) dated 29th June 2024, which mandated that Indian Administrative Service (IAS) officers – specifically Distric...
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Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...
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Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal

The Supreme Court ruled that Regulation 19 of the Union Bank of India Officers’ (Discipline & Appeal) Regulations, 1976 mandates mandatory consultation with the Central Vigilance Commission (CVC) before issuing a charge sheet in disciplinary cases involving a vigilance angle. The Bank’s failure to await the CVC’s first-stage advice rendered the proceedings arbitrary and illegal, warranting quashing of the charge sheet. The Court clarified that once the Bank acknowledges a vigilance angle and seeks CVC input, it cannot unilaterally proceed without considering the advice, upholding procedural fairness in disciplinary actions. No back wages were granted, but retiral benefits were ordered to be released. Facts Of The Case: The appellant, A.M. Kulshrestha, a Deputy General Manager at Unio...
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No Relaxation in OBC Certificate Requirements: Supreme Court Rules Against Candidates for Wrong OBC Certificate Format
25May By The Legal ChamberNo Comments
Supreme Court

No Relaxation in OBC Certificate Requirements: Supreme Court Rules Against Candidates for Wrong OBC Certificate Format

The Supreme Court upheld the Uttar Pradesh Police Recruitment Board's decision to reject OBC certificates not submitted in the prescribed state format, ruling that compliance with recruitment notification terms is mandatory. The Court emphasized that candidates must adhere to specified requirements and cannot claim relaxation if they fail to meet procedural conditions. Non-compliance disqualifies them from reservation benefits, as the state's format ensures verification of creamy layer exclusion. The judgment reinforced that recruitment rules must be strictly followed, and courts should not interfere unless constitutional violations are established. Facts Of The Case: The case involved two civil appeals arising from separate writ petitions challenging the Uttar Pradesh Police Recruitment...
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