Constitution of India, 1950, Article 12, 14, 226 -- Probation - Termination - Services of the petitioner were terminated as his work and conduct was not found satisfactory by the management during the course of his extended probation period - He was paid the salary in lieu of one month's notice in terms of his appointment - The order of termination simpliciter and not..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Cognizance of complaint once taken then investigation by police u/s 156(3) Cr.P.C. cannot be ordered - However, Magistrate after recording evidence of complainant and witnesses during inquiry can direct further inquiry u/s 202 Cr.P.C...........
Right to Information Act, 2005, Section 6, 7 -- Aggrieved party - Petitioner found guilty for non supply of information and also found negligent in dealing with show cause notice in discharge of her official duties - Estate Officer/Enquiry officer, who was asked to look into the conduct of petitioner, yet to complete inquiry and pass order in regard to alleged failure on..........
Constitution of India, 1950, Article 226 -- Aggrieved party - Petitioner found guilty for non supply of information and also found negligent in dealing with show cause notice in discharge of her official duties - Estate Officer/Enquiry officer, who was asked to look into the conduct of petitioner, yet to complete inquiry and pass order in regard to alleged failure on the..........
Criminal Procedure Code, 1973, Section 190, 482 -- Complaint filed by petitioner alleging that he was illegally arrested on the basis of false and planted FIR - Magistrate after examining documents on record came to the conclusion that no guilt of accused is established - Petitioner taking plea that Magistrate did not take into account the vigilance report which was..........
Northern India Canal Drainage Act, 1873, Section 33, 69 -- Unauthorised irrigation - Penalty - Before making imposition of penalty u/s 33 of the Act and fixing the liability, an inquiry must be held - Divisional Canal Officer is authorized to hold such inquiry and to pass appropriate orders - Provision of S.69 of the Act make it obligatory that every inquiry held would be..........
Departmental Enquiry -- Punishment order - Principles of natural justice - Defence witness - Examination of witness - Request of petitioner - delinquent declined - The said witness an essential witness - Petitioner held to have not got fair opportunity to defend himself - His request for examining witness was unfairly declined even though the inquiry was still in progress..........
Malicious prosecution -- Compensation - Accused faced criminal proceedings for about 11 years - Entire story set up by complainant and prosecution not only highly improbable but on the face of it false and incorrect - Complainant and State to pay Rs.50, 000/- 50, 000/- to each accused or their L.R's for facing malicious and fake criminal case and for facing humiliation in..........
Punjab Co-operative Societies Act, 1961, Section 50, 55 -- Society flat - Illegal allotment - Cancellation - Inquiry Officer found two officers of society and petitioner and his daughter involved in a process of illegal allotment - Registrar is not power less to order an inquiry into the allegations of connivance of Administrators of Society in making illegal allotment -..........
Haryana Panchayati Raj Act, 1994, Section 53 -- Petitioner elected as Sarpanch of Gram Panchayat and successfully completed his term - Complaint against petitioner that during his tenure as Sarpanch, he misappropriated funds of Gram Panchayat - After inquiry, petitioner exonerated from the allegations - Five years after the petitioner ceased to be Sarpanch, fresh enquiry..........
