Once Appointment Is Declared Illegal & Void Ab Initio, One Cannot Legally Continue In Service & Claim Salary: Supreme Court

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An Assistant teacher claiming the release of her unpaid salary from 2001 onwards, the Supreme Court recently held that once the appointment has been declared illegal and void ab initio by the Director of elementary education in Assam in 2001, continuing in service becomes untenable in the absence of challenge to the cancellation order.

The Court held that the failure to contest the cancellation order bars the appellant from claiming a legal right to continue in service and consequent salary claims.

“Once the appointment of the appellant had been declared illegal and void ab initio, and was canceled by the Director of Elementary Education, Assam vide order dated 18.10.2001, the appellant could not legally continue in service thereafter unless that cancellation order was set aside. It has been noticed by the High Court that the order dated 18.10.2001 was never challenged by the appellant. Thus, the appellant had no legal right to continue in service, especially when there was no order or letter placed on record by the appellant that she was allowed to continue beyond 31.03.2002. No claim for payment of salary could be made for any period.”

Motor Accident Claims : Supreme Court Criticises 'Lethargic Attitude' Of States In Not Filing Compliance Report

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The Supreme Court recently criticised the 'lethargic attitude' of states in not filing compliance reports on directions issued by the Top Court for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.

The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Top Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports are not submitted on time, the Court would have to insist on the presence of Registrar Generals of the concerned High Courts and the Chief Secretaries of the concerned States in Court. The guidelines were issued in 2022 to carry out the purpose of the Motor Vehicle Amendment Act and the Rules.

Data required from Police of each District for the period 1st April, 2022 to 31st July, 2023.

Number of Road Accidents.

Number of cases in which First Accident Report (FAR) filed within 48 hours of the accident.

Number of cases in which First Accident Report (FAR) filed after 48 hours of the accident.

Number of cases in which First Accident Report (FAR) has not been filed.

Number of cases in which Interim Accident Report (IAR) filed within 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) filed after 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) has not been filed.

Number of cases in which Detailed Accident Report (FAR) filed within 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) filed after 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) has not been filed.

Data to be collected from each Insurance Company for the period 1st April, 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received from the Police.

Number of First Accident Reports (FAR) received from the Police.

Number of Detailed Accident Reports (DAR) received from the Police.

Data to be complied in respect of each Motor Accident Claims Tribunal for the period 1st April 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received month wise.

Number of First Accident Reports (FAR) received month wise.

Number of Detailed Accident Reports (DAR) received month wise.

Number of cases in which the Detailed Accident Reports (DAR has been treated as claim petition. Number of Cases decided according to the time period specified in Central Motor Vehicles Rules, 2022.

The Court directed the Registrar General of all High Courts and the Chief Secretaries of all States to file their compliance reports by 02.09.2023,

Supreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty Free Shops At Airports

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The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty-Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax.

While allowing the review plea filed by the Commissioner of CGST and Central Excise against the Supreme Court’s verdict in Commissioner of CGST and Central Excise vs Flemingo Travel Retail Ltd [Civil Appeal Diary No. 24336/2022 dated 10.04.2023], the bench comprising Chief Justice of India Dr DY Chandrachud, Justices Sanjay Karol and Manoj Misra observed that while hearing the appeal, none of the submissions of the Union of India had been recorded or considered and that the judgment only adverts to the submissions of the respondent-assessee.

Calcutta High Court Refuses To Quash Proceedings Initiated Against Teacher Who Celebrated 'Nabi Diwas' Despite Objections

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The Calcutta High Court on Thursday refused to quash the proceeding registered against a Teacher who was arraigned as accused in a case where communal and administrative disturbance was prevalent for two months in and around Tehatta High School over the celebration of “Nabi Diwas” by the Muslim Community students of the said school in 2017.

In the instant case, on January 28, 2017, a suo motu First Information Report was lodged at Uluberia Police Station, under Sections 147/148/149/186/332/333/353 of the Indian Penal Code, 1860.

It was alleged that the Managing Committee and Teacher-in-Charge of the said school were constantly raising objection for celebration of “Nabi Diwas”, over which many administrative meetings were held in different offices but no fruitful result was achieved and on January 28, 2017 at about 6 a.m., without any prior permission from any authority, Muslim Community students formed an unlawful assembly in front of the said school.

"Case diary contains injury report in respect of the Police personnel, who sustained injuries in due course of carrying out their official duty to maintain law and order....Considering the nature of the offences alleged and materials on record, there appears a prima facie case against the petitioner to proceed toward trial."

Persons Who Secure Job In Reserved Posts Based On False Caste Certificates Liable To Be Dismissed : Supreme Court

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The Supreme Court recently reiterated that no protection should be given to persons who secure public employment through false caste certificates. The Court set aside a judgment of the Orissa High Court which directed a public authority to consider reinstating an employee, who was found to have obtained employment in reserved post on the basis of a false certificate(Bhubaneswar Development Authority v. Madhumita Das & Ors).

The Court held that it is immaterial whether the caste certificate was submitted fraudulently or due to a genuine mistaken belief. Intent is of no consequence.

The Bench comprising Chief Justice of India Dhananjaya Y Chandrachud and Justice J B Pardiwala held “that granting protection to individuals who are ineligible for the post has a deleterious effect on good governance.”

The Court held that the said protection would allow an ineligible person to gain access to a scarce public resource, violate the rights of an eligible person, and perpetuate illegality by unduly bestowing benefits on an ineligible person.