Prevention of Corruption Act, 1988, Section 17A, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Public servant - Offence committed by a public servant under P.C. Act in discharge of official functions or duties - Before initiating any enquiry against public servants under the provisions of P.C. Act, prior approval of the Govt. is sine qua non..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Criminal misconduct - Petitioner, a public servant, performed operation at a private hospital and obtained an amount of Rs.12,000/- - Act of petitioner does not amount to criminal misconduct - Petitioner discharged...........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Society in question in which petitioner is working not receives any aid financial or otherwise from State or Central Government - Society therefore is neither controlled or aided so as to make its employees amendable to Act - Consequently, no permission could be granted to sanction prosecution of..........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Registrar of Societies cannot expand definition of public servant by issuing Circular thereby bringing all employees of all Co-operative Societies within fold of the Act, as it is completely in the domain of legislature to define or lend a meaning to the terms of the Act - Circular struck down being..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Service -- Withholding of 10% pension and full gratuity on ground of pendency of criminal proceedings - Right to pension cannot be taken away by a mere executive fiat or administrative instruction - Pension and gratuity are not mere bounties, or given out of generosity by the employer - An employee earns these benefits by virtue of his long, continuous, faithful and u,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Cheating - Allegation that petitioners being upper grade clerks prepared mark sheets by forging father's name of a person - However, these things would require proper trial to be conducted on basis of..........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Secretary of Co-operative Society - He is a `public servant' under the Act...........
