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...........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
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 -- Punishment - Post retirement - Punishment awarded is of reducing pay scale by three stages on permanent basis - Such reduction in pay scale would relate back to date the incumbent superannuated from service - Ordinarily, pension is computed based on salary last drawn/payable - Therefore, it would not be difficult to implement such a punishment as pension can be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Incarceration without trial amounts to punishment - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Act of catching hold of hand of minor child, accompanied by offer of money and invitation to engage in sexual activity demonstrates sexual intent and attracts punishment u/s 8 of POCSO Act...........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Accused convicted under both the provisions i.e IPC and POCSO Act - However, trial Court has not considered the fact that S.42 of POCSO Act states that offender if found guilty of such offence shall be liable to punishment only under POCSO Act or under..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Service -- Dismissal - Respondent being a Gramin Dak Sevak/Branch Post Master misappropriated public funds - Passbooks of account holders were stamped with receipt of amount with no corresponding entries in books of accounts maintained in post office - Documents on record clearly established factum of embezzlement - Mere deposit of embezzled amount will not absolve an..........
