Service -- Dismissal - Misconduct - Issuing receipts to policy holders without receiving money - In reply to the disciplinary proceedings employee admitting the charges and charges also proved by evidence led by the respondent - Charges proved not only on the strength of admission of employee in his reply but also independently with the aid of evidence lead - Punishment of..........
Constitution of India, 1950, Article 14, 16, 31, 311 -- Dismissal from service - Two under trial jail inmates escaped from jail - Warders were dismissed from service - Decision to dispense with departmental enquiry cannot be rested solely on ipse dixit of concerned authority - However, only bald statement has been made by Inspector General of Police (Prisons) that it is..........
Defence Service -- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the first time, but it is a serious misconduct on the part of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Chartered Accounts Act, 1949, Section 21, 22 -- Professional misconduct - Allegations of issuing incorrect and manipulated certificates for consumption of raw material and non-maintenance of books of accounts - No material on record to establish that units had paid amount more than what was mentioned - Neither complainant nor Disciplinary committee have chosen to call for..........
Advocates Act, 1961, Section 36B, 37 -- Transfer of Disciplinary proceedings - From State Bar Council to Bar Council of India (BCI) - BCI exercising original jurisdiction, cannot remand it back to State Bar Council...........
Advocates Act, 1961, Section 35, 36, 38 -- Advocate - Professional misconduct - Enquiry by Disciplinary Committee - Opportunity to cross examine witnesses not granted - Documents in vernacular script and members of Disciplinary Committee not familiar with vernacular script and they could not appreciate the documents when it was in a language not known to them - Without..........
Disciplinary Committee -- Documents in vernacular script - Disciplinary Committee members not familiar with vernacular script and they could not appreciate the documents when it was in a language not known to them - Without proper analysis of those documents, members of Disciplinary Committee could not have arrived at any conclusion, leave alone a conclusive opinion about..........
Service -- Dismissal from service - Submission of forged certificate for claiming additional monetary benefits - Tribunal on the basis of evidence, found that employee was fully aware of the fact that document was a forged one - Employee dismissed from her services by Disciplinary Authority - Punishment was upheld by Appellate Authority and Tribunal - High Court committed..........
Constitution of India, 1950, Article 311(2)(a) -- Dismissal from service - No rule of law has been laid down that in all cases of conviction of government officials, conviction order would ultimately warrant disciplinary proceedings or dismissal from service - No, doubt disciplinary proceedings can be launched from purpose of punishment on base of conduct which has let to..........
