Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Service -- Punishment - Post retirement - Disciplinary proceedings initiated during service against an employee can be continued after retirement if extant service Rules/Regulations permits so - Where pursuant to such proceedings ultimate penalty imposed is of dismissal there may be no technical difficulty in its implementation as it may result in forfeiture of pension and..........
Service -- Disciplinary proceedings - Inquiry report - Charge No.2 was partly proved as per inquiry report - There is no challenge to findings of inquiry officer - Neither there is any perversity in finding returned by Inquiry Officer nor it is appropriate to permit appellant to question the merit of findings of inquiry officer particularly when no such plea was pressed..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Once complainant himself expressed complete satisfaction with professional services rendered by advocate and categorically sought to withdraw complaint, very substratum of disciplinary proceedings ceased to exist - Order holding advocate guilty of professional misconduct, unsustainable...........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal in exercise of its power u/s 15(6) of Act, on the established fact of recovery of ammunition from possession of appellant, has taken a lenient view in favour of appellant and has modified the punishment from dismissal to compulsory retirement with all pensionary and retiral benefits -..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Existence of a jural relationship between complainant and advocate concerned is a pre-condition for invocation of disciplinary jurisdiction on the ground of professional misconduct...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Recording of reasons to believe that advocate has committed misconduct is a sine qua non before complaint can be referred to disciplinary committee for inquiry...........
Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Service -- Removal from service - Due process was followed during course of inquiry - Inquiry Officer appreciated evidence led by five loanees who categorically deposed that they had paid money to respondents for coordinating sanction of their loans despite their documents being deficit - Even, respondent admitted his guilt and had sought mercy - Leniency was shown by..........
