Indian Judgements

Indian Judgements

Service Law: Power to terminate

Whether the President of India, acting as the Visitor of the University, possesses the statutory jurisdiction to initiate disciplinary proceedings and terminate the “First Registrar” appointed under transitional provisions, or whether such authority rests exclusively with the University’s Executive Council.

Appeals Disposed of Without Interfering with Operative Directions. The Supreme Court reversed the Allahabad High Court’s jurisdictional finding, holding that since the Visitor was the statutory appointing authority for the First Registrar under transitional provisions, the Visitor legally retained the power of dismissal under Section 16 of the General Clauses Act, 1897. However, given that the First Registrar’s three-year tenure had already expired and multiple rounds of litigation had transpired, the Court declined to disturb the operative directions of the High Court.

1. Factual Matrix and Institutional Framework

The Rajiv Gandhi National Aviation University (“the University”) was established under the Rajiv Gandhi National Aviation University Act, 2013 (“the Act”) to promote advanced aviation studies and management. In 2016, the Central Government framed the University’s First Statutes.

The friction began when the President of India, serving as the Visitor of the University, approved the appointment of Respondent No. 1 (“the First Registrar”) under the special transitional provisions of the Act. On March 1, 2019, the Vice Chancellor issued an official appointment letter placing the First Registrar on probation for one year, and he assumed charge on April 8, 2019.

2. First Round of Litigation and Remand

During his probation period, the University abruptly terminated the First Registrar’s services on January 8/9, 2020, offering one month’s salary in lieu of notice. The First Registrar challenged this before a Single Judge of the Allahabad High Court, who ordered his reinstatement with full consequential benefits.

The University filed an intra-court appeal. On December 17, 2021, a Division Bench ruled that the probation termination order was ex facie stigmatic. However, instead of simple reinstatement, the Bench remitted the matter back to the University to conduct fresh proceedings in accordance with law within two months, making his back wages conditional upon that outcome. The First Registrar’s Special Leave Petition against this remand was dismissed by the Supreme Court on February 4, 2022.

3. Disciplinary Action and Second Round of Litigation

Pursuant to the High Court’s remand, the University reinstated the First Registrar on December 31, 2021, but immediately placed him under suspension to face an internal inquiry. A Memorandum of Charges alleging indiscipline, gross insubordination, unprofessional conduct, and obstructing public servants was served on February 22, 2022.

A three-member Enquiry Committee found all charges proved. The inquiry report was channelled through the Secretary of the Ministry of Civil Aviation (MOCA) to the President of India (the Visitor), who formally approved the termination on April 20, 2022. The Deputy Secretary of MOCA communicated the final termination order on April 27, 2022.

The First Registrar filed a fresh writ petition. The Single Judge disposed of it on April 25, 2023, declaring that because his services were never explicitly extended beyond the initial one-year probation, he was merely a probationer entitled to one month’s salary. The First Registrar appealed to the Division Bench.

4. The High Court’s Dynamic Reversal

On May 22, 2024, the Division Bench of the Allahabad High Court allowed the First Registrar’s appeal and quashed the termination. The High Court observed that the entire disciplinary setup had been orchestrated by officers of MOCA and the Visitor. It ruled that under the primary Statutes of the University, the Visitor has no legal role in disciplinary or removal proceedings concerning University employees. Finding the entire action fundamentally lacking in jurisdiction, the High Court awarded the First Registrar back wages up to April 7, 2022. This prompted the University and the Union of India to appeal to the Supreme Court.

5. Legal Arguments Before the Supreme Court

  • For the Appellants (University & Union of India): Argued that the High Court completely overlooked the transitional architecture of the institution. The First Registrar was not a regular appointee governed by regular provisions; his appointment was governed by Section 46(b) of the Act, which explicitly mandates that the Visitor makes the appointment. Under settled principles of interpretation, the authority vested with the power to appoint naturally holds the power to dismiss. Moreover, until the regular Executive Council was fully operational, MOCA’s Steering Committee acted as the interim executive body.
  • For the Respondent (First Registrar): Contended that MOCA and the Visitor are separate legal entities from the University. Statute No. 28 explicitly designates the University’s “Executive Council” as the competent appointing and removing authority for the post of Registrar. They argued that the Visitor cannot assume arbitrary disciplinary powers on the recommendations of a government ministry (MOCA) which has no statutory domain over University employees.

6. Supreme Court’s Jurisprudential Analysis

A. The Legal Mechanics of Transitional Provisions

The Supreme Court illuminated the distinct legislative purpose behind transitional clauses. Referencing standard legislative drafting principles, the Court observed that transitional provisions are temporary, specialized mechanisms designed to manage circumstances existing at the literal birth of a piece of legislation. While primary legislation is meant to govern new circumstances indefinitely, transitional powers exhaust themselves once exercised.

The Court pointed out that Section 46 of the Act explicitly overrides the rest of the Act and Statutes. Section 46(b) mandates that the First Registrar shall be appointed directly by the Visitor on the recommendation of the Vice Chancellor for a fixed tenure of three years.

B. The Power to Appoint Implies the Power to Dismiss

To resolve the jurisdictional clash between the regular Statutes and the transitional sections, the Supreme Court invoked Section 16 of the General Clauses Act, 1897. Section 16 dictates that where a central statute confers a power to make an appointment, the appointing authority automatically possesses the corresponding power to suspend or dismiss the appointee, unless a contrary intention appears on the face of the statute.

The Court noted that for a regular, sequentially recruited Registrar, the Executive Council is the explicit appointing and removing authority under Statute No. 28(1). However, because the respondent was the First Registrar, his root source of employment was the Visitor. Therefore, by operation of Section 16 of the General Clauses Act, the Visitor legally retained the ultimate disciplinary authority to approve and finalize his removal on the grounds of misconduct. The Court further noted that during the entire first round of litigation, the First Registrar had never once contested the Visitor’s threshold authority to terminate him.

7. Conclusion and Final Order

The Supreme Court formally disagreed with the Allahabad High Court’s finding, holding that the Visitor did indeed possess proper statutory jurisdiction to handle the disciplinary actions against the First Registrar.

Nevertheless, the Court took note of the practical realities of the timeline: the First Registrar’s statutory three-year transitional tenure (from March 1, 2019, to February 28, 2022) had already fully run its course, and the parties had endured exhausting, repetitive rounds of litigation. Exercising its equitable discretion under these peculiar facts, the Supreme Court declined to disturb the final operative directions of reinstatement or monetary relief formulated by the High Court.

The civil appeals were thus formally disposed of with no order as to costs.

2026 INSC 520

Vice Chancellor, Rajiv Gandhi National Aviation University V. Jitendra Singh & Ors. (D.O.J. 21.05.2026)

2026 INSC 520 click here to view full text of judgment

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Supreme Court Summary 2nd September, 2026

                                                            Supreme Court Judgments Summary

              2nd Sep, 2026

Fishing in Exclusive Economic Zones

This judgment addresses the complex regulatory framework governing the rights of fishermen using purse seine nets to transit through the territorial waters of Tamil Nadu to access the Exclusive Economic Zone (EEZ) for fishing. The Supreme Court established that while the State has autonomous legislative competence to regulate marine fishing within its territorial waters to conserve marine ecology, it cannot obstruct access to the EEZ—which falls under central jurisdiction—provided statutory rules and tracking mechanisms are strictly adhered to by the fishers.

2026 INSC 937 : Fisherman Care v. The Government of India Department of Animal Husbandry, Dairying and Fisheries and Ors. (D.O.J.2.09.2026)

 

The Mandate of Reason: Setting Aside Laconic Orders in Criminal Appeals

This appeal challenged a cryptic, unreasoned High Court order that dismissed an appeal under Section 14A(2) of the SC/ST Act against a trial court order summoning additional accused under Section 319 of the Cr.P.C. The Supreme Court held that the High Court failed in its fundamental duty to provide reasons for its decision, reiterating that a reasoned order is a mandatory safeguard ensuring application of mind and enabling effective judicial review.

2026 INSC 938 : Rajeev Singh and Ors. v. State of Uttar Pradesh and Anr. (D.O.J.31.08.2026)

Granting Divorce on Grounds of Desertion After Decades of Separation

This civil appeal examined whether continuous separation and the refusal of a spouse to resume cohabitation constituted desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The Supreme Court held that where parties have lived separately for over two decades with no children born and all reconciliation efforts having failed, the marriage is irretrievably broken down, and the appellant-husband successfully established the ground of desertion.

2026 INSC 939 : Bijendra v. Rekha (D.O.J.02.09.2026)

Releasing Seized Transport Vehicles Pending Trial Under the Gujarat Prohibition Act

This appeal addressed whether a commercial truck seized for transporting a large quantity of prohibited Indian-Made Foreign Liquor (IMFL) could be released into the interim custody of its owner pending trial under Section 451 of the Cr.P.C. / Section 497 of the BNSS, despite the restrictive provisions of Section 98(2) of the Gujarat Prohibition Act, 1949. The Supreme Court held that Section 98(2) does not operate as an absolute embargo against the release of vehicles, and courts must exercise their discretionary powers to prevent seized property from decaying indefinitely at police stations.

2026 INSC 940 : M/s ABC Express v. State of Gujarat (D.O.J.02.09.2026)

Navigating Liability and Clearing Member Duties in the Derivatives Market

This consolidated appeal before the Supreme Court examined whether Professional Clearing Members (PCMs) can be held liable to restitute or compensate individual retail investors for securities liquidated following defaults by Trading Members (TMs) in the Futures & Options (F&O) segment. The Court held that PCMs do not have a statutory obligation or real-time visibility to verify the debit and credit positions of individual clients of a TM under the regulatory framework active during the relevant period. Furthermore, the Member and Core Settlement Guarantee Fund Committee (MCSGFC) lacks the statutory power to order monetary restitution or disgorgement under exchange byelaws.

2026 INSC 941 : Edelweiss Custodial Services Limited v. NSE Clearing Ltd. & Anr. (D.O.J.02.09.2026)

The Supremacy of Juvenile Justice Rights Over Technical Finality

This appeal examined whether the High Court can refuse to entertain a plea of juvenility under section 482 of the Code of Criminal Procedure on the ground that the matter had attained finality up to the Supreme Court. The Supreme Court held that the bar of finality and Section 362 of the Code of Criminal Procedure cannot override the mandatory statutory protections granted to a juvenile, and that the High Court possesses inherent powers to recall judgments to prevent a miscarriage of justice when a juvenile has been wrongly tried and convicted as an adult.

2026 INSC 942 : Mahavir @ Avnish v. The State of Madhya Pradesh (D.O.J.02.09.2026)

The Legality of SARFAESI Enforcement on Assigned Debts

These appeals addressed whether a bank defined under Section $2(1)(c)$ of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 can utilize its provisions to recover a debt assigned by a financial entity that was not governed by the SARFAESI Act when the debt was originally created. The Supreme Court ruled that when a live debt is acquired by a bank to which the SARFAESI Act already applies, the loan account immediately assumes the attributes of a secured debt under the statute, allowing the assignee bank to initiate recovery measures regardless of the original lender’s initial status.

2026 INSC 943 : Kotak Mahindra Bank Limited v. Trupti Sanjay Mehta and others (D.O.J.02.09.2026)

The Impermissibility of Revoking Decades-Old Land Survey Records

This appeal evaluated whether the revisional authority under Section 56 of the Karnataka Land Revenue Act, 1964 can initiate proceedings to cancel city survey numbers decades after their allotment. The Supreme Court held that the revisional jurisdiction exercised after 35 years was patently time-barred under the three-year limitation period stipulated in the proviso to Section 56(3) of the Act, and that authorities cannot bypass statutory limitations or upend settled third-party rights on the strength of stale complaints.

2026 INSC 944 : M.R.R. Setty (Dead), by LRs v. Government of Karnataka and others (D.O.J.02.09.2026)

Acquittal in a Brutal Child Murder Case Due to Fatal Gaps in Evidence

This appeal challenged the concurrent judgments of the High Court and Trial Court which convicted the appellant under Sections 302, 201, and 377 of the Indian Penal Code based on circumstantial evidence, a “last seen” theory, an extra-judicial confession, and subsequent disclosures. The Supreme Court set aside the conviction, ruling that the prosecution failed to establish a complete and unbroken chain of circumstances connecting the accused to the crime, burdened as the case was by major discrepancies, fabricated timelines, and an unreliable extra-judicial confession.

2026 INSC 945 : Sahab Singh alias Sat Pal v. State of Haryana (D.O.J.02.09.2026)

Vehicle Release and Confiscation Powers Under the NDPS Act

This appeal addresses the legality of denying the release of a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) following the acquittal of the accused, and clarifies whether such conveyances fall under the exclusive jurisdiction of the Drug Disposal Committee (DDC) or the trial court.

2026 INSC 946 : R Manimaran v. State of Tamil Nadu (D.O.J. 24.08.2026)

Custom Duty : Setting Aside Adjudications Polluted by AI Hallucinations

This appeal challenged a Gujarat High Court order which had upheld a massive customs penalty imposed on the appellant for allegedly mis-declaring natural diamonds as lab-grown diamonds. The Supreme Court set aside both the High Court order and the original adjudication order, ruling that the reliance by the customs authority on non-existent, fake, or AI-hallucinated case laws and citations vitiated the entire decision-making process, as artificial intelligence can only serve as an assistive tool and never substitute genuine judicial adjudication.

2026 INSC 947 : Vijay Ghanshyam Gadiya v. Union of India & Anr (D.O.J.2.9.2026)

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Supreme Court Upholds RBI’s Authority to Supersede Boards of Multi-State Co-Operative Banks

These civil appeals address the critical interplay between the constitutional democratic governance of co-operative societies under Part IXB and the statutory powers of the Reserve Bank of India (RBI) under the Banking Regulation Act, 1949 (BR Act), to supersede the Board of Directors (BoD) of a multi-State co-operative bank. The Supreme Court dismissed the appeals and upheld the Bombay High Court’s judgment, ruling that the RBI’s power to supersede a multi-State co-operative bank’s board under Section 36AAA of the BR Act is not restricted by the six-month limit in Article 243ZL(1) of the Constitution and can be extended beyond the original elected term of the board up to an aggregate outer limit of five years.

  • Brief of Judgment: The Abhyudaya Co-operative Bank Limited, a multi-State co-operative bank, faced severe financial deterioration, leading the RBI to issue a supersession order on November 24, 2023, and appoint an Administrator. The elected directors challenged the supersession and its subsequent extensions, arguing that successive orders passed after the expiry of their statutory five-year term violated Articles 243ZL and 243ZT of the Constitution. The Supreme Court rejected these contentions, holding that the third proviso to Article 243ZL(1) incorporates the BR Act independently into the constitutional framework to prioritize depositor protection and robust economic regulation over standard co-operative tenures.
  • Supersession Limits: The RBI’s power of supersession under Section 36AAA(1) of the BR Act is bounded by an aggregate outer limit of five years, and extensions can legally occur beyond the original tenure of the erstwhile board.
  • Constitutional Harmonization: The third proviso to Article 243ZL(1) of the Constitution acts as an independent substantive provision ensuring that co-operative banks remain under the specialized regulatory oversight of the RBI.
  • Inapplicability of State Consultation: The statutory requirement for prior state government consultation under the proviso to Section 36AAA(1) applies exclusively to uni-State co-operative banks registered with a State Registrar, and not to multi-State co-operative banks.

2026 INSC 955

Sandeep S. Ghandat & Ors. v. Reserve Bank of India & Ors. (D.O.J. 03.09.2026)

2026 INSC 955 click here to view full text of judgment

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Electricity Regulation: Supreme Court Declines to Interfere with Interim Order Permitting Third-Party Participation

This special leave petition challenges an interim order passed by the High Court of Jharkhand, which rejected the petitioners’ preliminary objection regarding the maintainability of a Public Interest Litigation (PIL) filed by ‘Energy Watchdog’ and allowed the respondent to participate in departmental proceedings. The Supreme Court declined to interfere with the interim measure under Article 136 of the Constitution, noting that the High Court’s cautious approach aimed to ensure transparency in an inquiry involving alleged unauthorized power supplies and massive cross-subsidy surcharge defaults.

  • Brief of Judgment: Petitioner No. 1 entered into an agreement with Jharkhand Bijli Vitran Nigam Ltd. (JBVNL) for surplus captive power supply, which later triggered complaints by Energy Watchdog alleging lack of valid ‘captive user’ status and unauthorized power transmission. After JBVNL issued show cause and demand notices for cross-subsidy surcharges exceeding Rs. 280 crores total, a PIL was instituted. The High Court held the PIL maintainable and permitted the complainant to take part in the proceedings to ensure full disclosure of facts. The Supreme Court upheld this interim arrangement while clarifying that JBVNL must act independently and that all legal questions regarding third-party intervention under the Electricity Act, 2003 remain open for final adjudication.
  • Statutory Framework of the Electricity Act: Reaffirming precedents like PTC India Ltd. and Southern Power Distribution Company, the Electricity Act is an exhaustive code leaving no unallocated regulatory residue outside commissions like the State Commission, which is mandated to ensure transparency under Section 86.
  • Justification for Interim Measure: The High Court adopted a pragmatic interim measure because the circumstances suggested that prior administrative inaction warranted third-party inputs to bring full facts before JBVNL.
  • Preservation of Legal Contentions: The Supreme Court explicitly refrained from commenting on the merits, leaving it open for the High Court to comprehensively examine the scope and ambit of third-party intervention during the final hearing of the writ petition.

2026 INSC 954

M/s. Amalgam Steels and Power Ltd. and Anr. v. Energy Watchdog and Ors. (D.O.J. 03.09.2026)

2026 INSC 954 click here to view full text of judgment

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Empowering Educational Regulators: Upholding NCTE’s Mandate to Mandate Performance Appraisal Reports for Teacher Training Institutions

This civil appeal addresses the statutory authority of the National Council for Teacher Education (NCTE) to mandate the online submission of annual Performance Appraisal Reports (PAR) along with a processing fee from recognized Teacher Education Institutions (TEIs). The Supreme Court allowed the appeal and set aside the Delhi High Court’s Division Bench judgment, ruling that the NCTE and its Executive Committee possess full statutory and ancillary powers under the NCTE Act, 1993, to enforce accountability and regulatory oversight over educational institutions.

  • Brief of Judgment: The litigation originated when TEIs challenged a 2019 Public Notice issued by the Member Secretary of the NCTE’s Executive Committee requiring them to submit online PARs and nominal processing fees. While a single judge dismissed the challenge, the Division Bench quashed the notice on the premise that the specific proforma had not been explicitly approved by the general body of the Council and that delegation to the Member Secretary was improper. The Supreme Court strongly disapproved of the High Court’s pedantic approach, holding that statutory regulators must be empowered to enforce institutional transparency, performance audits, and accountability without judicial overreach.
  • Statutory Framework and Duty Bearers: The judgment emphasizes that following the enactment of Article 21A and the Right of Education (RTE) Act, 2009, elementary school teachers, TEIs, and the NCTE act as critical constitutional duty bearers responsible for upholding high standards of educational quality.
  • Scope of Regulatory Powers: Section 12(k) of the NCTE Act expressly empowers the Council to evolve suitable performance appraisal systems and mechanisms to enforce accountability, which includes the incidental power to collect processing fees and utilize digital portals for management information systems.
  • Role of the Executive Committee: The Executive Committee, operating as the executive arm of the Council, is fully competent to implement decisions made by the General Body, such as substituting cumbersome annual renewal regimes with streamlined PAR submissions.
  • Reversal of High Court Judgment: The Supreme Court set aside the High Court’s order, reaffirming that courts must support and enable the effective functioning of statutory regulators rather than restrict them through hyper-technical interpretations.

2026 INSC 953

The National Council for Teacher Education v. Association of NCTE Approved Colleges Trust and Ors. (D.O.J. 03.09.2026)

2026 INSC 953 click here to view full text of judgment

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