Service -- Misconduct - Godown keeper allowing pledged goods to be replaced with goods of inferior quality - Value of security given to bank adversely affected - This is nothing but gross negligence on the part of respondent - Such a person who do not protect the goods kept in godown, is of no use and against the interest of employer and liable to be dismissed from service..........
Air Force Act, 1950, Section 107, 161 -- Quashing of disciplinary proceedings - Validity thereof - High Court quashed order of disciplinary committee to dismiss respondent from service - Official record substantiates the fact that respondent had over stayed his casual leave without sufficient cause - Misconduct for which respondent sentenced and punished is not the first..........
Hindu Marriage Act, 1955, Section 13(1))ia) -- Divorce - Mental cruelty - Petition by husband - Filing of complaints before Indian Air Force by wife without any attempt to resolve the issues at family level caused humiliation and embarrassment to husband in the eyes of his superior and fellow colleagues, particularly when there is no material to substantiate such..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - High Court committed error by setting aside award and acted like an appellate Court and virtually treated as if appeal arose directly against the award and then proceeded to examine all factual findings of arbitrator by appreciating evidence - It was not permissible in law - Moreover, there was no..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
Prevention of Corruption Act, 1988, Section 13(2) -- Offence u/s 13(2) of the Act - S.13(2) of the Act is the penal provision for the misconducts specifically mentioned u/ss 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(d) and 13(1)(e) and in S.13(1)(d) of the Act instance of separate misconducts are shown - Nature of misconduct committed ought to be revealed in the final report -..........
Prevention of Corruption Act, 1988, Section 13(2) -- Offence u/s 13(2) of the Act - Final report - Where the persons, who procured employment through commission of misconduct by public servants, are also particeps criminis, such person also ought to have been arraigned as accused in the case - I.O has not made them approvers or accomplices, whereas they have been allegedly..........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 173 -- Offence u/s 13(2) of the Act - Final report quashed on the following grounds: (i) exact nature of alleged misconduct not mentioned in the final report; (ii) persons who procured employment through commission for misconduct by public servants are also particeps criminis, not..........
Central Civil Services (Pension) Rules, 1972, Rule 9(2)(b)(ii) -- Departmental proceedings - Prior sanction of President - It is mandatory as per R.9 of 1972 Rules that if disciplinary proceedings are not instituted against Government servant while he was in service then prior sanction of President is required to institute such proceedings within four years from the date..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 29 -- Sexual intercourse - Quantum of sentence - Accused was 60 years of age at the time of incident - He has been in jail for a long time and had no bad antecedents - Accused has not shown any misconduct after this case - Sentence of accused modified from life imprisonment to 10 years of R.I with fine of..........
