Supreme Court Annual Digest 2022- ADMINISTRATIVE LAW

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC) 792 : 2022 (14) SCALE 1

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not leading to an inference as corollary that there had been any deliberate action or omission on the part of the Assessing Authority or the Registering Authority; or that any 'tactics' were adopted. Chandra Prakash Mishra v. Flipkart, 2022 LiveLaw (SC) 359 : 2022 (6) SCALE 40

Administrative Law - Every erroneous, illegal or even perverse order/action by a Statutory authority, by itself, cannot be termed as wanting in good faith or suffering from malafide - For imputing motives and drawing inference about want of good faith in any person, particularly a statutory authority, something more than mere error or fault ought to exist. (Para 13, 16) Chandra Prakash Mishra v. Flipkart, 2022 LiveLaw (SC) 359 : 2022 (6) SCALE 40

Administrative Law - For holding the action of the Executive to be arbitrary, there must be a factual basis. (Para 13) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104

Administrative Law - Inter-departmental communications cannot be relied upon as a basis to claim any right - Merely writing something on the file does not amount to an order. Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and second, it has to be communicated. (Para 14-15) Mahadeo v. Sovan Devi, 2022 LiveLaw (SC) 730 : AIR 2022 SC 4071

Administrative Law - The decision of the State in its executive power cannot be contradictory to the express provision of the statutory Rules, but where the statute and Rules are silent, the State Government, in exercise of its executive power, is competent to supplement the rules. The executive power of the State is to supplement and not supplant. Director of Teacher's Training Research Education v. OM Jessymol, 2022 LiveLaw (SC) 759

Administrative Law - The requirement to give reasons is satisfied if the concerned authority has provided relevant reasons. Mechanical reasons are not considered adequate. (Para 23) Ram Chander v. State of Chhattisgarh, 2022 LiveLaw (SC) 401 : AIR 2022 SC 2017

Accountability

Administrative Law - Accountability - Three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability. (Para 33-35) Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 : AIR 2022 SC 4974

Central Administrative Tribunal

Central Administrative Tribunal - Punishment for contempt imposed on Advocate for alleged intemperate behaviour in court- SC sets aside CAT order as no trial was conducted - We would think that in the facts of this case, denial of a right of trial which is contemplated also under Section 14(1)(c) of the Act as also Rule 15 of the Rules has resulted in miscarriage of justice. (Para 26) Mehmood Pracha v. Central Administrative Tribunal, 2022 LiveLaw (SC) 692 : AIR 2022 SC 3933

Central Civil Service

Central Civil Service Rules - Rule 43 - Maternity Leave - Unless a purposive interpretation were to be adopted in the present case, the object and intent of the grant of maternity leave would simply be defeated. The grant of maternity leave under Rules of 1972 is intended to facilitate the continuance of women in the workplace. It is a harsh reality that but for such provisions, many women would be compelled by social circumstances to give up work on the birth of a child, if they are not granted leave and other facilitative measures. No employer can perceive child birth as detracting from the purpose of employment. Child birth has to be construed in the context of employment as a natural incident of life and hence, the provisions for maternity leave must be construed in that perspective. (Para 25) Deepika Singh v. Central Administrative Tribunal, 2022 LiveLaw (SC) 718 : AIR 2022 SC 4108

Central Civil Services (Fixation of Pay of Re­employed Pensioners) Order, 1986; Para 8 - On re­employment in the government service, an employee who was serving in the Indian Army/in the Armed Forces not entitled to his pay scales at par with his last drawn pay - The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces. (Para 5-6) Union of India v. Anil Prasad, 2022 LiveLaw (SC) 513 : 2022 (9) SCALE 34

Doctrine of "Unreasonableness"

Administrative Law - Doctrine of "unreasonableness" - It is the intention of a legislature, when using statutory language that confers broad choices on the administrative agencies, that courts should not lightly interfere with such decisions, and should give considerable respect to the decision-makers when reviewing the manner in which discretion was exercised. However, discretion must still be exercised in a manner that is within a reasonable interpretation of the margin of manoeuvre contemplated by the legislature, in accordance with the principles of the rule of law. (Para 78) Satish Chandra Yadav v. Union of India, 2022 LiveLaw (SC) 798 : 2022 (14) SCALE 270

Judicial Review

Administrative Law - Judicial Review - The action based on the subjective opinion or satisfaction can judicially be reviewed first to find out the existence of the facts or circumstances on the basis of which the authority is alleged to have formed the opinion - Scope discussed. (Para 28-37) Amarendra Kumar Pandey v. Union of India, 2022 LiveLaw (SC) 600

Maternity Leave

Maternity Leave - A woman cannot be declined maternity leave under the Central Services (Leave Rules) 1972 with respect to her biological child on the ground that her spouse has two children from his earlier marriage. Deepika Singh v. Central Administrative Tribunal, 2022 LiveLaw (SC) 718 : AIR 2022 SC 4108

Natural Justice

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­judicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Administrative Tribunal Act, 1986

Administrative Tribunal Act, 1986 - Appeal against Jammu and Kashmir High Court judgment setting aside the Full bench judgment of Central Administrative Tribunal - Dismissed - We are in complete agreement with the view taken by the High Court on the procedure which was adopted by the Chairman of the Central Administrative Tribunal. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364

Section 17 - Power to punish for Contempt

Administrative Tribunals Act, 1985; Section 17 - Power of CAT to punish for contempt - Central Administrative Tribunal Rules 13 & 15 - CAT cannot punish for contempt committed in the face of it without trial when the alleged contemnor denies charges - Procedure under Section 14(1)(c) of the Contempt of Courts Act to be followed- CAT has no power of the Supreme Court under Articles 129 and 142 of the Constitution of India. (Paras 14, 15 & 24) Mehmood Pracha v. Central Administrative Tribunal, 2022 LiveLaw (SC) 692 : AIR 2022 SC 3933

Section 25 - Power of Chairman to transfer cases from one Bench to another

Administrative Tribunals Act, 1985; Section 25 - Any decision of Tribunal, including the one passed under Section 25 of the Act could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls. (Para 16) Union of India v. Alapan Bandyopadhyay, 2022 LiveLaw (SC) 12 : AIR 2022 SC 499 : (2022) 3 SCC 133

Administrative Tribunals Act, 1985 - Section 25 - Chairman could pass an order of transfer under Section 25 of the Act suo motu. (Para 8) Union of India v. Alapan Bandyopadhyay, 2022 LiveLaw (SC) 12 : AIR 2022 SC 499 : (2022) 3 SCC 133

Section 26 - Decision to be by majority

Administrative Tribunal Act, 1986; Section 26 - Once there is a difference of opinion between the Judicial Member and the Administrative Member of the Tribunal, the matter is required to be referred to the third Member/Chairman and the third Member/Chairman was required to give his own decision upon such a reference. However, the matter is not required to be referred to the Full Bench. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364

NOMINAL INDEX

1. Amarendra Kumar Pandey v. Union of India, 2022 LiveLaw (SC) 600
2. Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC) 792 : 2022 (14) SCALE 1
3. Chandra Prakash Mishra v. Flipkart, 2022 LiveLaw (SC) 359 : 2022 (6) SCALE 40
4. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364
5. Deepika Singh v. Central Administrative Tribunal, 2022 LiveLaw (SC) 718 : AIR 2022 SC 4108
6. Director of Teacher's Training Research Education v. OM Jessymol, 2022 LiveLaw (SC) 759
7. Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284
8. Mahadeo v. Sovan Devi, 2022 LiveLaw (SC) 730 : AIR 2022 SC 4071
9. Mehmood Pracha v. Central Administrative Tribunal, 2022 LiveLaw (SC) 692 : AIR 2022 SC 3933
10. Ram Chander v. State of Chhattisgarh, 2022 LiveLaw (SC) 401 : AIR 2022 SC 2017
11. Satish Chandra Yadav v. Union of India, 2022 LiveLaw (SC) 798 : 2022 (14) SCALE 270
12. State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104
13. Union of India v. Alapan Bandyopadhyay, 2022 LiveLaw (SC) 12 : AIR 2022 SC 499 : (2022) 3 SCC 133
14. Union of India v. Anil Prasad, 2022 LiveLaw (SC) 513 : 2022 (9) SCALE 34
15. Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 : AIR 2022 SC 4974