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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Admissibility of Deceased Witness Testimony Against Absconding Accused

Supreme Court allowed the appeals filed by the State of West Bengal, ruling that the deposition of a deceased witness recorded in an earlier trial is admissible in a subsequent trial against an absconding accused, provided the requirements of Section 299 of the Code of Criminal Procedure (CrPC) are met. The Court clarified that the provision serves to preserve evidence when an accused deliberately absconds, preventing them from benefiting from the unavailability of material witnesses due to the passage of time. The Court set aside the High Court’s order, which had denied the admission of the victim’s testimony, confirming that the statutory preconditions—the accused absconding and no immediate prospect of arrest—were satisfied at the time the witness deposed.

  • Background: In a 2012 gang-rape case, the respondent and another accused were absconding while three others were tried and convicted. The victim, a key witness, testified in the first trial but passed away in 2015. After the respondent was arrested in 2016, the prosecution sought to admit the victim’s earlier deposition as evidence under Section 33 of the Indian Evidence Act read with Section 299 of the CrPC.
  • High Court Order: The High Court of Calcutta had rejected the application, observing that the prosecution had a duty to obtain a specific direction from the Trial Court to record evidence against the absconder during the first trial, and thus the earlier deposition could not be used against the respondent.
  • Interpretation of Section 299 CrPC: The Supreme Court held that Section 299 CrPC acts as an exception to the general rule requiring a witness to be examined in the presence of the accused. It does not mandate a formal, prior order from a Magistrate to record that the accused is absconding; rather, what is relevant is whether the conditions—that the accused is absconding and there is no immediate prospect of arrest—were established at the time the evidence was recorded.
  • Preventing Misuse of Process: The Court reasoned that taking a restrictive view of Section 299 would jeopardize the criminal justice system by incentivizing accused persons to wilfully abscond and await the death or unavailability of material witnesses.
  • Application to Facts: The Court noted that the respondent was a declared absconder when the victim’s testimony was recorded (2013), and he remained at large until his arrest in 2016. As the two essential conditions of Section 299(1) were met, the deceased victim’s evidence is admissible in the trial against the respondent.

Legislative Continuity: The Court noted that the legislature has maintained this principle in Section 335 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, reinforcing the intent to ensure evidence is preserved against those who evade trial.

2026 INSC 718

The State of West Bengal v. Kader Khan – (D.O.J. 17.07.2026)

2026 INSC 718 click here to view full text of judgment

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Insolvency and Bankruptcy: Finality of Resolution Plans and Extinguishment of Sub-judice Claims

Supreme Court allowed the appeals filed by the Successful Resolution Applicant (Appellant-SRA), ruling that upon the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (IBC), all claims—including those pending adjudication (sub-judice)—that are not specifically provided for in the plan stand extinguished. The Court held that the “clean slate” doctrine is fundamental to the IBC, preventing unresolved or contingent claims from resurfacing and undermining the revival of the corporate debtor. Consequently, the Court set aside the High Court orders and dismissed the civil suit and arbitration proceedings initiated by operational creditors, affirming that they are bound by the terms of the approved Resolution Plan.

  • Background: The Appellant-SRA challenged Bombay High Court orders that allowed a civil recovery suit and arbitration proceedings to continue against the corporate debtor (Bhushan Steel Limited) despite the approval of its Resolution Plan. The respondents, operational creditors, sought to pursue claims that were pending at the time of the Corporate Insolvency Resolution Process (CIRP).
  • Treatment of Claims: During the CIRP, the Resolution Professional admitted the respondents’ disputed claims at a notional value of Rupee One (1) each. The approved Resolution Plan stipulated that because the liquidation value was NIL, no amounts were due to operational creditors; however, a settlement fund was provided for those with admitted claims.
  • The “Clean Slate” Doctrine: The Court emphasized that a successful resolution applicant must start on a “clean slate,” free from “hydra-headed” surprise claims. Once a Resolution Plan is approved under Section 31(1) of the IBC, it becomes binding on all stakeholders, and claims not incorporated therein are deemed extinguished, withdrawn, or abated.
  • Finality of the Plan: The Court noted that the Final List of Creditors attained finality, and the respondents could not seek to reopen or question the commercial wisdom of the Committee of Creditors after the plan’s approval. The Court found no merit in the allegations of fraud, noting that no proceedings had been initiated under Rule 11 of the NCLT Rules to challenge the plan’s integrity.
  • No Express Carve-out: Upon a harmonious reading of the Resolution Plan, the Court concluded there was no express “carve-out” protecting sub-judice claims from extinguishment. The plan explicitly mandated that all legal proceedings relating to the period prior to the effective date stand extinguished, except to the extent of the specific settlement amount provided.
  • Observation on MSMEs: In an “Afterword,” the Court observed that the current insolvency framework does not adequately account for the position of small operational creditors and MSMEs, who are often placed at the bottom of the repayment waterfall. The Court suggested that the Legislature and Law Commission examine this to ensure a more balanced repayment mechanism.
  • Outcome: The Court allowed the appeals, set aside the contrary High Court orders, and dismissed the pending civil suit and arbitration proceedings, enforcing the finality of the Resolution Plan.

2026 INSC 717

M/S Tata Steel Ltd. v. Varsha & Anr. (D.O.J. 17.07.2026)

2026 INSC 717 click here to view full text of judgment

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Excluding Nominated Members from Local Authority Elections

The Supreme Court upheld the High Court of Karnataka’s decision to exclude nominated members of Town Panchayats from participating in Legislative Council elections for Local Authorities’ Constituencies. The Court ruled that under the constitutional framework established by the 74th Amendment (Part IX-A), nominated members, who serve only in an advisory capacity, lack the democratic mandate of elected representatives. Consequently, their inclusion in the electoral roll was declared unconstitutional, and the Court affirmed the direction to conduct a recount of votes after segregating the invalid votes cast by these nominated members.

  • Background: The election to the Karnataka Legislative Council (Chikkamagaluru Local Authorities Constituency) was challenged because 12 nominated members from four Town Panchayats were included in the electoral roll and participated in the voting. The appellant, who won by a narrow margin of 6 votes, contended that the electoral roll’s finality should be respected.
  • Constitutional Interpretation: The Court held that while Article 171(3)(a) mentions “members” of local authorities, this must be interpreted through the lens of the 74th Constitutional Amendment. Article 243-R establishes that while nominated members may be appointed for their expertise, they are expressly barred from voting in municipal meetings, underscoring their advisory rather than representative role.
  • Democratic Representation: The Supreme Court emphasized that allowing nominated members to vote in Legislative Council elections would undermine the democratic nature of the electoral process, as they are not democratically elected. The Court affirmed that “members” in the context of electoral colleges refers to democratically elected representatives.
  • Finality of Electoral Rolls: While acknowledging the principle that electoral rolls typically attain finality, the Court distinguished this case by noting that the inclusion of the nominated members was void ab initio and unconstitutional. Therefore, the finality of the roll could not be used to validate an illegality that strikes at the core of the electoral college’s composition.
  • Secrecy of the Ballot: The Court rejected the argument that segregating these votes would violate the secrecy of the ballot. It maintained that the higher constitutional goal of preserving free and fair elections and ensuring the purity of the electoral process outweighs the requirement for absolute secrecy in this specific context.
  • Outcome: The Supreme Court dismissed the appeals and affirmed the High Court’s orders. The Court directed the authorities to proceed with the consequential actions based on the recount results already obtained, ensuring that the election outcome reflects only the valid votes cast by elected representatives.

2026 INSC 716

Pranesh M.K. v. Shanthegowda & Ors. – (D.O.J. 16.07.2026)

2026 INSC 716 click here to view full text of judgment

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Railway: Establishing Liability in Untoward Railway Incidents

The Supreme Court set aside the concurrent dismissal of a compensation claim by the Railway Claims Tribunal and the High Court of Madhya Pradesh. The Court held that when a passenger dies in an “untoward incident” (falling from a running train), the absence of a recovered ticket does not automatically negate the status of a bona fide passenger. Emphasizing the “no-fault liability” principle under Section 124A of the Railways Act, 1989, the Court ruled that once the claimant establishes the foundational facts through an affidavit, the burden shifts to the Railways. Technical lapses and the inability to recover personal belongings should not defeat the humanitarian and welfare objectives of the legislation.

  • Background: The appellant filed a claim for compensation following the death of her husband, who fell from a running train while traveling from Raipur to Ahmedabad. The Railway Claims Tribunal and the High Court previously rejected the claim, citing a lack of proof regarding the deceased being a bona fide passenger (specifically due to the missing ticket).
  • Legal Principle (No-Fault Liability): The Court reiterated that Section 124A of the 1989 Act is a beneficial, “no-fault” provision. It is designed to provide expeditious relief to victims of untoward incidents without requiring proof of negligence by the Railway Administration.
  • Burden of Proof: Relying on Union of India v. Rina Devi and Doli Rani Saha v. Union of India, the Court clarified that:
    • The mere absence of a ticket does not disprove that a person was a bona fide
    • The initial burden is on the claimant, which is sufficiently discharged by filing an affidavit stating the facts.
    • Once this is done, the burden shifts to the Railways to disprove the claim based on attending circumstances.
  • Operational Concerns: The Court highlighted the critical issue of chronic overcrowding in Indian Railways. It noted that while the Railway Manuals contain detailed safety and ticketing protocols, the execution often fails. The Court suggested that Railways should increase manpower to better manage safety and ticketing, which could simultaneously reduce such tragedies and provide employment.
  • Constitutional Perspective: The Court observed that using terms like “second class passenger” is outdated and potentially offensive to the spirit of the Constitution of India; it suggested that class designations should refer to the “coach” rather than the “passenger.”

Decision: The Supreme Court allowed the appeal and set aside the lower court judgments. It ordered the Railways to pay compensation of ₹8,00,000 to the appellant within four weeks, failing which the amount would attract interest at 8% from the date of the original claim filing.

2026 INSC 715

Lata v. Union of India & Anr. – (D.O.J. 17.07.2026)

2026 INSC 715 click here to view full text of judgment

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