#Public Interest

Allahabad High Court sets aside NHAI’s termination of an EPC contract, ruling that failure to provide possession of land as per contractual obligations violates Article 14. The Court mandates project timeline rescheduling, emphasizing state authorities cannot evade contractual duties under the guise of arbitrary termination.

The Bombay High Court has mandated that state departments must release undisputed running bills to contractors within two weeks, or face judicial consequences. This ruling reinforces contractual fairness in public infrastructure projects and protects contractors from financial collapse due to administrative delay, directly safeguarding public interest and project continuity.

The Delhi High Court has affirmed that compulsory retirement under FR 56(j) is lawful when grounded in a holistic assessment of an officer’s entire service record, including uncommunicated adverse entries, as long as the decision reflects reasoned application of mind and lacks mala fides. This reinforces that procedural fairness in service law does not require prior disclosure of every adverse remark, but demands substantive justification and absence of arbitrariness-critical for public sector employees facing administrative review.

Bombay High Court quashed the compulsory retirement of a municipal employee, ruling that her recent promotion undermined allegations of inefficiency unless supported by new, substantive evidence. The judgment reinforces that compulsory retirement under the MRTU & PULP Act cannot be arbitrary and must align with principles of natural justice and public interest.

The Bombay High Court has ruled that compulsory retirement of a public employee cannot be used as a disguised disciplinary measure and must strictly adhere to statutory service regulations. The use of stigmatic language in the retirement order vitiates the process, violating natural justice and entitling the employee to reinstatement with full benefits until superannuation.

Calcutta High Court rules that promissory estoppel cannot bind the state when public interest-such as maximizing revenue from fly ash auctions-demands otherwise. The judgment clarifies that contractual obligations to supply fly ash at discounted rates must yield to broader fiscal and environmental equity considerations, setting a precedent for state contracts involving hazardous by-products.

The Central Administrative Tribunal ruled that outstanding Annual Performance Appraisal Reports (APARs) and subsequent promotions negate earlier adverse entries, invalidating premature retirement under FR 56(j). The officer must be reinstated with full back wages and benefits, setting a precedent for fair assessment of service records in compulsory retirement cases.

MP High Court sets aside lower courts' refusal to grant temporary injunction, ruling that construction on Mela land-designated for public assembly-compromises safety and emergency access. The Court held that public interest overrides commercial use, even if the project is state-sanctioned.

Himachal Pradesh High Court rules that Memorandums of Understanding (MoUs) under resettlement schemes confer legally binding employment rights on displaced families, extending protections to non-landowners. The court directs the Deputy Commissioner to adjudicate claims within 12 weeks, reinforcing state accountability in rehabilitation policies.

The Himachal Pradesh High Court reaffirmed that truth and public good are absolute defences under Section 499 IPC, dismissing a criminal defamation complaint against a journalist. The court held that publishing truthful information about a public servant’s financial dealings, in good faith and for public interest, does not constitute defamation, especially when the official withheld requested details.

Gujarat High Court rules that under the Registration of Births and Deaths Act, 1969, a death certificate can be issued based on police certification and family identification alone, even if the body is not recovered. The judgment clarifies that conclusive evidence of death overrides the requirement of physical body recovery, impacting families seeking legal recognition of death for inheritance, insurance, and administrative purposes.

Meghalaya High Court reaffirms that offences under Section 436 IPC, involving arson endangering life or property, are non-compoundable even if parties settle. The ruling underscores public interest in prosecuting serious crimes regardless of private compromise, setting a precedent for similar cases.

Tripura High Court reinforces that rejecting the lowest bidder in government tenders without demonstrable public interest justification violates Article 14, constituting mala fide action. The court quashed the award to a higher bidder, imposed Rs. 50,000 costs, and mandated one-year blacklisting, rejecting fabricated national emergency claims and upholding dual state enlistment as valid if tender-permitted.

The Madhya Pradesh High Court ruled that a retired Additional Public Prosecutor may continue in office temporarily until a replacement is appointed, prioritizing uninterrupted criminal prosecution over rigid retirement age rules. This decision underscores the court's balancing of service rules with public interest, setting a precedent for similar vacancies in critical legal roles.

Chhattisgarh High Court holds that electricity duty exemptions under Section 3B of the 1949 Act cannot be revoked through tariff schedules alone; a separate, express notification is mandatory. The ruling underscores strict statutory compliance over fiscal policy flexibility, impacting power producers and state energy departments.