Search Judgments

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) – Sections 2(a), 9 – Complaint – Necessity of Primary Details – Incidental reference to sexual harassment.

The appellant filed a writ petition seeking reinstatement, backwages, and an inquiry under the POSH Act based on alleged sexual harassment. The appellant claimed that, despite mentioning “sexual harassment” in certain communications, no action was taken. The college argued that the appellant was not a permanent employee and that her allegations were unfounded.

Tamil Nadu Land Encroachment Act, 1905 – Sections 6, 7, and 10 – Eviction Order Challenge.

The writ petition challenges an eviction order issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by the Tahsildar regarding property claimed by the petitioner’s family for generations.

The petitioner argues the eviction order is a non-speaking order, failing to address his submissions and that the land is classified as “Natham,” making the Act inapplicable. The petitioner also contends that no proper survey was conducted.

Tamil Nadu Cooperative Societies Act, 1983; Tamil Nadu Cooperative Societies Rules, 1988 – Rule 57(1) – The case concerns the validity of orders declaring the post of President of the Atomic Energy Employees Consumers Co-operative Stores Limited vacant following the retirement of the petitioner from his service in the Department of Atomic Energy. The primary contention revolves around whether the petitioner’s retirement automatically disqualifies him from continuing as President, given the absence of a specific bye-law stating such disqualification.

The petitioner, initially a member of the society due to his employment and residence in the township, argued that his eligibility as President should continue until his term expires. The respondents contended that the cessation of employer-employee relationship and residency entitlement due to retirement inherently terminates his membership and consequently his presidency.

Right to Information Act, 2005 – Section 8(1)(d) – Direction to disclose bank’s OTS policy – Propriety.

This writ petition challenges an order by the Central Information Commission (CIC) directing a bank to disclose its One Time Settlement (OTS) policy. The CIC reasoned that disclosing the policy would be in the public interest and facilitate expeditious recovery of dues, as the borrower was a guarantor and needed the information to make a better settlement offer. The bank argued that disclosing the policy would harm its business interests, as it is an internal decision-making tool.

Tamil Nadu Patta Pass Book Act, 1983 – Sections 10, 12, 13 and 14 – Cancellation of Patta – Jurisdiction of Authority – Determination.

The issue pertains to the cancellation of a patta (land ownership record) by the Revenue Divisional Officer (RDO), challenged on the grounds of jurisdictional error. The petitioner contended that the RDO lacked the authority to cancel the patta, as under the Tamil Nadu Patta Pass Book Act, 1983, the Tahsildar is the competent authority for making modifications to patta entries.

The respondents argued that the petitioner obtained the patta through collusion and had an alternate remedy of revision before the District Revenue Officer (DRO).

Tamil Nadu Panchayats Act, 1994 – Sections 202 and 203 – Challenge to District Collector’s order canceling tender for laying roads in villages.

The writ petitioner, a Union Councillor, contested the District Collector’s order, arguing it violated natural justice and Section 202 of the Tamil Nadu Panchayats Act, 1994, by canceling a tender for road construction without prior notice or inquiry. The petitioner contended that resolutions were unanimously passed by the Panchayat and funds were available.

However, the respondent argued that the Panchayat had a negative balance, and Show Cause Notices were issued due to deficit funds.

Tamil Nadu Police Subordinate Service Rules – Rule 14(b) – Rejection of candidature for Grade II Constable post due to involvement in a criminal case.

The petitioner, an aspirant for the post of Grade II Constable, challenged the rejection of his candidature based on his involvement in a criminal case (Crime No.191 of 2018) under Sections 147, 148, 341, 353, 294(b), 506(ii) I.P.C read with Section 3(1) of TNPPDL Act, 1992. He was acquitted on 14.02.2023 but the authorities deemed it not an honourable acquittal, citing hostile witnesses, as per Explanation (1) to Rule 14(b) of Tamil Nadu Police Subordinate Service Rules.

The petitioner argued that the acquittal was honourable, relying on the criminal court’s finding that he was falsely implicated.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 5 and 2(b) – This writ petition challenges the order passed by the second respondent cancelling the settlement deed executed by the fourth respondent (mother) in favor of the petitioner (son). The cancellation was based on an application made by the fourth respondent under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner argued that the settlement deed was unconditional and made out of love and affection, thus the second respondent lacked authority to cancel it. The court noted that while the settlement deed’s cancellation was questionable, the right of the fourth respondent to reside in the settled property could not be denied, referencing the definition of “maintenance” under Section 2(b) of the Act, which includes residence.

Constitution of India – Article 226 – Writ of Mandamus – Passports Act Section 6 and 10 – Issuance of Police Clearance Certificate (PCC) – Pendency of Criminal Case – Right to Travel Abroad – The petitioner sought a Writ of Mandamus to direct the respondents to issue a Police Clearance Certificate (PCC) for employment in Kuwait, despite a pending criminal case against him. The Passport Authority declined the PCC due to the pending case, citing system-generated procedure based on Ministry of External Affairs database.

The court acknowledged the fundamental right to travel abroad and the necessity of a visa, for which a PCC is often a condition. It noted the standard PCC format (Appendix-32 of the Passport Manual) typically denies issuance to individuals with criminal antecedents.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(2A)(E) – Writ Petition challenging the order passed by the National Commission for Scheduled Castes (respondent No. 1). – The petitioner and respondent No. 5 entered into a contract regarding the operation of a bus.