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Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge

7Jun

By The Legal ChamberNo Comments

Supreme Court

Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge

The Supreme Court overturned the discharge of a judicial probationer, holding that termination based on alleged misconduct (like simultaneous degrees or non-disclosure of past employment after resignation) without a proper inquiry and opportunity to be heard is stigmatic and punitive, violating principles of natural justice and Article 311 of the Constitution. The Court emphasized that minor omissions after resignation are not grounds for discharge, especially when the probationer completed training successfully Facts Of The Case: Pinky Meena, holding multiple degrees including LL.B. and LL.M., was a Grade-II Teacher in the Rajasthan Education Department from 2014. She applied for the Civil Judge and Judicial Magistrate post following an advertisement on November 18, 2017. After selectio...

Shelter vs. Forest: Supreme Court’s Solution for Maharashtra’s Zudpi Jungle Dispute

The Supreme Court affirmed 'Zudpi Jungle' as forest, but allowed pre-1996 non-forestry regularization without NPV or compensatory afforestation. It mandated strict action for post-1996 diversions, declared fragmented Zudpi lands 'Protected Forests,' and ordered transfers to the Forest Department, with conditions for using Zudpi land for compensatory afforestation. Facts Of The Case: This case revolves around the legal status and utilization of "Zudpi Jungle" lands in six districts of Eastern Vidarbha, Maharashtra. Historically, these lands, characterized by bushy growth and inferior soil, were recorded as "Zudpi Forest" or "Scrub Jungle" in revenue records since the early 1900s, often used for grazing and domestic needs. Due to bureaucratic inaction and state reorganization in 1956, thes...

Supreme Court Acquits Man in Murder Case, Citing “Last Seen” Evidence Insufficient

The Supreme Court clarified that judicial members of Consumer Commissions are exempt from written exams. It upheld a five-year tenure and judicial majority in selection committees, while validating past appointments made before specific Limaye-I directives. The Court also mandated new rules from the Union of India, ensuring a permanent adjudicatory forum and expediting recruitment across states. Facts Of The Case: The prosecution's case originated from an incident on April 4, 2016, around 11 a.m., when the informant's son, Akash Garadia, along with Budhadeba Garadia (PW-1), Susanta Kusulia (PW-2), and the appellant/accused, went to a river to bathe. Subsequently, the appellant and Akash proceeded to a cashew field. When Akash and the appellant failed to return, PW-1 and PW-2 came back to...