Advocate Satish Sharma

  Introduction The sealed cover procedure has evolved as a vital administrative mechanism in Indian service jurisprudence, designed to balance the competing interests of ensuring clean administration while protecting employees from career prejudice based on unproven allegations. However, a distinct and equally critical issue arises when this procedure intersects with another fundamental requirement of service law: the availability and communication of Annual Confidential Reports (ACRs) or Annual Performance Appraisal Reports (APARs). This article examines the complex interplay between sealed cover procedure and absent or uncommunicated annual entries, an issue that has significant implications for the career progression of government servants. The Sealed Cover Doctrine: A Brief Overview The sealed cover procedure permits the question of promotion to be kept in abeyance pending the outcome of disciplinary inquiry or criminal prosecution against an employee. First adopted through ...

One of the most commonly misunderstood principles in Indian service law and criminal jurisprudence is the assumption that an acquittal or exoneration in departmental proceedings automatically immunises an individual from criminal prosecution. This assumption is legally untenable and has been consistently repudiated by the Supreme Court of India. The Distinction Between Departmental and Criminal Proceedings Departmental proceedings and criminal proceedings are fundamentally distinct in nature, purpose, and legal standards. Departmental proceedings are administrative in character. They are initiated by an employer — typically the State or a public authority — to determine whether an employee is guilty of misconduct warranting disciplinary action such as dismissal, reduction in rank, or censure. The standard of proof applicable in such proceedings is the preponderance of probabilities — a considerably lower threshold than what is required in a criminal court. Criminal proceedings, on t...

In criminal trials, evidence forms the backbone of justice. Among various types of witnesses, a child witness often presents the most delicate situation — a blend of truth’s innocence and vulnerability’s uncertainty. Indian courts have consistently grappled with how to appreciate and evaluate the testimony of a child, balancing sensitivity with skepticism to ensure that justice is served without prejudice. Who is a Child Witness? The Indian Evidence Act, 1872, does not define a “child witness”. However, Section 118 lays down that all persons shall be competent to testify unless the court considers them incapable of understanding questions or giving rational answers due to tender age, extreme old age, disease, or any other cause. In simple terms, a child of any age can be a witness — so long as the court, after due examination, finds that the child possesses sufficient intelligence and understands the duty to speak the truth . Judicial Approach and Key Principles The appreciation...

 The courtesy of pass over or adjournment granted to counsel in Indian courts is a discretionary accommodation, not an absolute right. Misinterpreting this courtesy as a right undermines judicial efficiency and can cause delays and injustice in proceedings. livelaw +2 ​ Role of Passover and Adjournment Passovers and adjournments are provided to counsel to address scheduling clashes or genuine exigencies. Courts may extend these courtesies to ensure fair representation, but they expect counsel to manage their diaries responsibly and avoid unnecessary delays for the opposing party. The absence of clear legislation controlling this tendency has made pass over and adjournments susceptible to misuse. timesofindia.indiatimes +2 ​ Judicial Perspective and Cautions Recently, the Delhi High Court clarified that these accommodations are not matters of right but privilege, subject to judicial discretion. Abuse by seeking repeated adjournments or producing false reasons for passover is fro...

Trying to explain reservation in India’s government jobs is like explaining the quirks of Bollywood—everyone thinks they know the plot, but the climax always takes a constitutional twist. If you’re worried about missing your next promotion because someone beat you by a “reservation point,” grab a cup of chai—this is your comic-yet-legal breakdown. wikipedia +1 The Legal Backstage Pass Let’s get to the heart of the show—India’s Constitution! Article 16(4) gives the State the backstage pass to reserve appointments for “backward classes” that aren’t properly represented in government jobs. Imagine the HR department getting a mandate from BR Ambedkar: “Keep those seats warm for the underrepresented folks—or else!” And no, reservation isn’t like free Wi-Fi — it has limits, serious legal checks, and, most heartbreakingly for die-hard exam crammers, no infinite retries. drishtiias +1 Key Numbers: SCs: 15% reserved STs: 7.5% reserved OBCs: 27% reserved in direct recruitment (unless...

One of the most crucial stages in arbitration proceedings is the service of the arbitral award . While much attention is often paid to the conduct of arbitration hearings and the making of the award itself, the legal consequences truly begin when the award is delivered and duly served upon the parties. In Indian arbitration law, the concept of service holds significant importance because it is directly linked to the limitation period for challenging the award, as well as for initiating enforcement proceedings. Statutory Basis under the Arbitration and Conciliation Act, 1996 The governing law is the Arbitration and Conciliation Act, 1996 (the “Act”), particularly Section 31 which deals with the form and contents of the arbitral award, and Section 34(3) which prescribes limitation for setting aside the award. Section 31(5) : It specifically provides that after the arbitral award is made, a signed copy shall be delivered to each party . The word used is "delivered" rather t...