Service -- Dismissal - Misconduct - Acts of corruption/misappropriation cannot be condoned, even in cases where amount involved is meager...........
Service -- Dismissal - Misconduct - Accused was a driver and irregularity in issuance of tickets was committed by conductor - Findings of inquiry officer which were accepted by disciplinary authority and approved by appellate authority and Labour Court that respondent had committed misconduct in collusion with conductor, cannot be found fault with - Order of dismissal..........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
Service -- Misconduct - Acting beyond one's authority by itself is a breach of discipline and thus constitutes a misconduct rendering the delinquent to suffer the adverse orders...........
Service -- Misconduct - Any dereliction in discharge of duties whether by way of negligence or with deliberate intention or with casualness constitutes misconduct on the part of such employee/officer...........
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..........
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..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused - Accused acquitted...........
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..........