Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Investigating Officer submitted charge sheet recommending trial against accused - No incriminating material collected by investigating officer against petitioners in the course of investigation - Trial yet to commence against any of the accused including those who were charge sheeted -..........
Punjab Police Rules, 1934, Rule 16 2(1) -- Misconduct - Departmental inquiry - Punishment - Dismissal - Petitioner a Police Constable on guard duty found under influence of liquor during checking - Petitioner had rendered uninterrupted service of 33 years on the date when he was awarded the punishment - It was the first instance of misconduct committed by him - The..........
Constitution of India, 1950, Article 14, 226, 227 -- Departmental inquiry - Punishment - Judicial review - Reduction in rank and also downgraded in pay Scale by placing petitioner at Rs. 1,000/ - and was also denied seniority - Held that punishment as awarded could not have been awarded as under Rule 33(1)(c) of the Rules only one of the punishment was provided which could..........
Constitution of India, 1950, Article 14, 226 -- Guru Nanak Dev University Statute, Statutes 33 and 74 - Absence from duty - Termination - Principles of natural justice - Absence from duty and overstayal of leave - Post held by petitioner declared to be vacant though he was a regular permanent employee - No charge sheet was ever served upon the petitioner nor any..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Principal Magistrate held inquiry and found school leaving certificate as fake and forged - Magistrate relied on ossification test report and held accused was not juvenile - Held, order of Magistrate regarding juvenility, having attained finality, issue cannot be..........
Land Acquisition Act, 1894, Section 6, 5A, Constitution of India, 1950, Article 300A -- Acquisition of land - Non-consideration of report of LAO submitted u/s.5-A of the Act in right perspective - Effect - Held, state is required to apply its mind not only on objections filed by owners of land but also on report and record of proceedings submitted by LAO u/s.5-A of the Act..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Termination - Work Charged employee - The termination order simply recites that service dispensed with in view of the recommendation made in this regard - The absence of the appellant may be a motive in passing the order but it had not be made foundation of the order - The order cannot be termed as punitive in..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Vehicle - Release on Supurdgi - Vehicle involved in an offence u/s 18 NDPS Act - Court before whom the property is produced is empowered to release the vehicle during inquiry and trial of the accused persons - Release of vehicle cannot be refused on the ground..........
Constitution of India, 1950, Article 226 -- Misconduct - False travelling allowance claim - Departmental enquiry - Punishment - Withholding of four annual increments with cumulative effect - Not the case that either there was any procedural lapse or violation of the statutory rules or the principles of natural justice during the enquiry proceedings or thereafter - No..........
Misconduct -- Second marriage during subsistence of first marriage - Departmental inquiry - Dismissal - It is a case where first marriage is admitted and its subsistence is not denied - The allegation against the appellant was for performing second marriage with 'G' which stood established during enquiry - Even 'G' had lodged complaint against the appellant u/ss 406/498A..........
