Service -- Departmental enquiry - Punishment - Judicial review : (a) When charge(s) of misconduct is proved in an enquiry, the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities; (b) The courts cannot assume the function of disciplinary/departmental authorities and to decide the quantum of punishment and..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 439 -- Disproportionate assets - Grant of bail - Petitioner alleged to have amassed huge assets by corrupt and illegal means disproportionate to his known sources of income - Charge-sheet filed against him for offences u/s.13(2) r/w S.13(1)(e) of the PC Act, 1988 - Income..........
Prevention of Corruption Act, 1988, Section 17 - - Investigation - Authorization for - Validity - Search and seizure which was germinating point of case is not relating to instant case - It was conducted in course of investigation of earlier crime resulting in unraveling of materials disclosing assets standing in names of accused and his family member, which were..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Disproportionate assets case - Held, registration of FIR without giving prior opportunity to accused to account for his assets cannot be said to be tantamount to an unfair and unjust investigation...........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Burden of proof - Held, it is burden of prosecution to prove that person, accused of having been found in possession of assets disproportionate to his known sources of income, is proved beyond reasonable doubt to have been found in possession of property disproportionate to his known sources..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Burden of proof - Accused alleged to have amassed assets disproportionate to his known source of income - Assessment of valuation of immovable and movable properties of accused could not be proved - Held, prosecution failed to establish that accused had been found in possession of assets..........
Service -- Misconduct - Dismissal just 6 days prior to retirement - Gravity of misconduct - Employee was not involved in active collusion with the other employees of the Company who were involved in the incident for causing financial loss to the Company but was negligent by an act of omission - Negligence attracts minor penalty under the rules of Company - Held, order of..........
, Section 13(1)(e), 13(2) - - Disproportionate assets - Value of the disproportionate assets - While making mathematical calculation the amount was wrongly calculated - Appellant satisfactorily accounted alleged disproportionate assets - Conviction set aside...........
Service -- Departmental proceedings - Punishment - Principle of proportionality - Doctrine of Wednesbury Rule - Held, when punishment is found to be outrageously disproportionate to the nature of charge, principle of proportionality comes into play - It is, however, to be borne in mind that this principle would be attracted, which is in tune with doctrine of Wednesbury..........
Service -- Departmental proceedings - Punishment - Scope of judicial review - Held, in exercise of power of judicial review Court can interfere with punishment imposed when it is found to be totally irrational or is outrageous in defiance of logic - This limited scope of judicial review is permissible and interference is available only when punishment is shockingly..........
