Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - No allegation against petitioner that he deliberately committed any misconduct for extraneous considerations - Even, no material disclosing such act on his part has been unearthed during investigation conducted..........
Criminal Procedure Code, 1973, Section 154, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Pre FIR stage enquiry - Offence u/s 13(1)(e) of the Act - Pre FIR stage enquiry is not only permissible but desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate to his known sources of..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Service -- Misconduct - Disciplinary proceedings - Punishment - Detailed reasons are not required to be recorded in order imposing punishment, if disciplinary authority accepts findings recorded by Enquiry Officer and passes an order...........
Service -- Misconduct - Disciplinary proceedings - Punishment - After Enquiry Officer records his findings, it is always open for disciplinary authority to arrive at tentative conclusion of proposed punishment and it can indicate to delinquent employee by enclosing a copy of enquiry repot...........
Service -- Misconduct - Compulsory retirement - Allegations of misproportion, disbursing loans irregularly made against appellant who was working as a Manager of Bank - Charges framed against appellant in departmental enquiry are serious and grave - However, inspite of proved misconduct of such serious charge, disciplinary authority itself was liberal in imposing..........
Prevention of Corruption Act, 1988, Section 5(2) -- Criminal misconduct - Quantum of sentence - Incident occurred in 1978 - Accused is now a senior citizen aged about 82 years - He is not keeping good health and is suffering from age related ailments - Accused has already served 20 days incarceration and he has suffered mental incarceration for about 42 years - Substantive..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Power of taking any punitive action against an advocate for misconduct vests u/s 35 of the Act only with disciplinary committee of State Bar Council - There is no specific or implied power conferred on a State Bar Council under the Act to take punitive action against advocate..........
Service -- Misconduct - Disciplinary proceedings - Effect of criminal enquiry on disciplinary proceedings - Criminal complaint is also registered against appellant with CBI - CBI though after investigation did not find adequate material to launch criminal prosecution against appellant but recommended major disciplinary action against appellant - Criminal proceedings are..........
Judicial service -- Misconduct - Respondents having more than 2 children after cut off date as per Conduct Rules - It is a case of misconduct - But, having regard to circumstances of case, High Court rightly thought fit to modify punishment of withholding two increments with cumulative effect into one of censure - However, directions given by High Court which are beyond..........
