Constitution of India, 1950, Article 226, Punjab Co-operative Societies Act, 1961 - - Co-operative Bank, Hoshiarpur - Writ petition against - Maintainability - Appellants challenged decision of disciplinary authority whereby it ordered for de novo inquiry - Held, it is a service matter and allegation is not regarding violation of mandatory provisions of the Act, but..........
Service -- Disciplinary proceedings - Disciplinary authority cannot impose punishment not prescribed under statutory rules after holding disciplinary proceedings...........
Service -- Disciplinary proceedings - Held, holding of departmental proceedings and recording a finding of guilt against any delinquent and imposing punishment for the same is a quasi judicial function and not administrative one...........
Service -- Departmental proceedings - Unauthorised absence from duty - Disciplinary authority is required to prove that the absence is wilful - In absence of such finding, the absence will not amount to misconduct...........
Service -- Disciplinary proceedings - Allegations of defalcation while employed under the Co-operative Samity which was an affiliate of the Bank - Employee not under the direct administrative control of the Bank at the relevant point of time when defalcation alleged to have taken place - Appointment to the Bank from affiliate society quota - Held, there being a link..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Accused alleged to have committed offences u/ss 107 and 306, IPC - Deceased employee was made to face intense insult and get scolded in front of other subordinates and as a result thereof committed suicide - Held, deceased was a degree holder engineer, a very qualified man and his social and mental..........
Service -- Departmental enquiry - Dismissal from service - High Court in a proceeding under Article 226 of the Constitution does not sit as an appellate authority and so long as the findings of the disciplinary authority are supported by some evidence High Court does not re-appreciate the evidence and come to a different and independent finding on the evidence...........
Constitution of India, 1950, Article 235,124(6) -- Doctrine of control - Held, mandate of Art.235 of Constitution is that High Court has to maintain constant vigil on its subordinate judiciary - Cancerous cells of corruption constantly keep creeping into vital veins of judiciary and need to stem it out by judicial surgery lies on judiciary itself by its self-imposed or..........
Service -- Disciplinary proceedings - Criminal case also instituted for the same incident - Acquittal in criminal case - Has no bearing or relevance to the facts of the departmental proceedings as the standard of proof in both the cases are totally different - In a criminal case, the prosecution has to prove the criminal case beyond all reasonable doubt whereas in a..........
Service -- Disciplinary proceedings - Dismissal from service - Appellant belongs to a disciplinary force - Members of such a force required to maintain discipline and to act in a befitting manner in public - Appellant found under the influence of liquor and then indulged himself in an offence - Punishment awarded does not call for any interference...........
