Tag: Article 226

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
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Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines

The Supreme Court set aside the High Court's judgment for failing to properly assess compensation under the Indian Telegraph Act, 1885. It emphasized that compensation must be determined based on location-specific evidence and remanded the cases. The Court also highlighted the absence of a statutory appeal mechanism against orders of the District Judge and referred the issue to the Law Commission for examination. Facts Of The Case: A power transmission project titled "400 KV Jhajjar Power Transmission System-PPP-1" was initiated by HVPNL in Haryana. Jhajjar KT Transco Private Limited (JKTPL) was awarded the project, which sub-contracted the erection work to Kalpataru Power Transmission Ltd. The 100 km-long transmission line passed through land in four districts, including Sonepat and Jha...
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Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements
8Sep By The Legal ChamberNo Comments
Supreme Court

Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements

The Supreme Court ruled that naming government welfare schemes after political leaders is not prohibited by law. It clarified that the Common Cause judgments primarily regulate the use of photographs in government advertisements, not the naming of schemes themselves, thereby setting aside the interim order of the High Court. Facts Of The Case: The State of Tamil Nadu government launched a welfare initiative named the "Ungaludan Stalin" (Your's Stalin) scheme. Its stated objective was to bridge the gap between citizens and existing government programs by organizing camps and dispatching volunteers to help people understand and access their entitled benefits. An opposition Member of Parliament filed a complaint with the Election Commission of India (ECI), alleging the scheme's name and ass...
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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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Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme
5Jun By The Legal ChamberNo Comments
Supreme Court

Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme

The Supreme Court dismissed the Special Leave Petition challenging the High Court's rejection of a PIL alleging fraudulent revision of costs in the Palamuru-Ranga Reddy Lift Irrigation Scheme. The Court held that factual adjudication cannot be pursued under Article 226 and upheld the High Court's discretion in refusing a CBI probe, citing prior findings by the Central Vigilance Commission and constructive res judicata. The ruling reaffirmed judicial restraint in interfering with discretionary orders absent jurisdictional errors. Facts Of The Case: The petitioner, Nagam Janardhan Reddy, a former MLA and Minister in Andhra Pradesh, filed a Public Interest Litigation (PIL) before the High Court of Telangana and Andhra Pradesh, alleging fraudulent revision of cost estimates for the Palamuru-...
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