ValkyaEditorial

Tagged “administrative-law”

15 articles on administrative-law.

Supreme CourtSupreme Court of India

Vijay Rajmohan v. State (CBI): the s.19 sanction time-limit is mandatory, but delay does not quash the prosecution

On 11 October 2022 a two-judge Bench of the Supreme Court answered two questions on the sanction to prosecute a public servant under Section 19 of the Prevention of Corruption Act 1988. It held that the three-month period for deciding a sanction request — extendable by one month where legal consultation is required — is mandatory, yet that a failure to sanction in time does not vitiate or quash the prosecution. The consequence of delay is the accountability of the defaulting officer, subject to judicial review and CVC action, not the acquittal of the accused.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

Surekha Domaji Bele v. MSEDCL (2026): after a vitiated inquiry is remanded, the disciplinary authority must apply its mind afresh to punishment

The Supreme Court partly allowed an electricity-company clerk's appeal, holding that once a defective departmental inquiry is set aside and misconduct is later proved on fresh evidence, the disciplinary authority cannot mechanically fall back on the old, pre-remand show-cause notice and reimpose dismissal — it must independently apply its mind to the quantum of punishment. A digest of the facts, the holding on proportionality and natural justice, and what it means for service-law practice.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Ramana Dayaram Shetty v. International Airport Authority (1979): the instrumentality test for Article 12 'State'

On 4 May 1979, a three-judge Bench led by Justice P.N. Bhagwati laid down the multi-factor 'instrumentality or agency' test for when a body is 'State' under Article 12, and held that the State and its instrumentalities cannot depart arbitrarily from their own self-imposed standards when awarding contracts and largesse.

Valkya Editorial··9 min
LandmarkSupreme Court of India

Delhi Transport Corporation v. DTC Mazdoor Congress: striking down hire-and-fire

On 4 September 1990, a Constitution Bench of five judges struck down a 'hire and fire' clause permitting termination of permanent employees without reasons and without hearing — holding that audi alteram partem must be read into State termination powers and that arbitrary, unguided dismissal violates Article 14.

Valkya Editorial··9 min
High CourtKarnataka High Court, Bengaluru

Karnataka HC dismisses Vande Mataram PIL: an MHA advisory using 'may' is directory, not mandatory

On 9 April 2026 a Karnataka High Court division bench led by Chief Justice Vibhu Bakhru dismissed a PIL against the MHA's 'Vande Mataram' school-recitation advisory as premature, holding that the advisory's permissive 'may' formulation, absence of penal consequence, and lack of any actual coercive enforcement against the petitioner left no live constitutional grievance to adjudicate.

Valkya Editorial··8 min
High CourtKarnataka High Court

'The CM has better work to do': Karnataka High Court on the Chief Minister's Office and government employee transfers

A Division Bench of the Karnataka High Court — Justice D.K. Singh and Justice T.M. Nadaf — has held that the Chief Minister's Office should not directly entertain or interfere in transfer and posting decisions for government and public-undertaking employees. The substantive direction: no transfer request for Group B or C employees should be entertained by the CMO; the matter should end at the department level. The doctrinal architecture engages the separation-of-functions principle that has been developing in Indian administrative law, the constitutional protection of merit and integrity in public administration, and the practical concern that political-office interference in routine personnel decisions distorts both administration and democratic accountability.

Valkya Editorial··9 min