Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly disproportionate - Award of retrenchment compensation - Enhanced..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Prosecution has to specifically allege and prove the dishonest and fraudulent intention of accused in order to attract all the alleged offences as in the..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Inordinate delay in investigation - Delay of three years in registering case and further four years to file a charge sheet - Besides this, officers who..........
Service -- Misconduct - Removal from service - No documents were supplied to respondent along with charge-sheet on the basis of which charges were framed - List of documents and witnesses were also not supplied and some of the documents were produced during course of inquiry - Appropriate opportunity not afforded to respondent - Order of punishment cannot be sustained -..........
Service -- Compulsory Retirement - Employee contended that order of compulsory retirement is stigmatic as it expressly uses certain kind of language from which it becomes stigmatic - Previous misconduct and punishment visited to employee has been validly stated in the order of compulsory retirement - Entire record of employee has been scrutinized - Use of words like..........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Professional misconduct - Appearing for and against the same client - Plea of difference of nature of two proceedings - Held, it amounts to professional misconduct when property involved in both the cases is same...........
Constitution of India, 1950, Article 25, Uttar Pradesh Government Servant Conduct Rules, 1956, Rule 29(1) -- Removal from service - Ground of misconduct of contracting another marriage during existence of first without permission of Government - Validity of Rules - Plea that said Rules are violative of Art.25 of Constitution - Conduct Rules mandates monogamy which is a..........
Service -- Departmental enquiry - It is always open for competent authority to initiate departmental proceeding against its employee with regard to any misconduct or dereliction of duty if found during performance of duty while posted in the office or on deputation...........
Service -- Departmental enquiry - Misconduct - Nothing on record to suggest that appellant `wilfully' suppressed the material fact that he was removed from service before completion of term of his deputation to mislead the respondents - However, appellant in normal course should have informed before rejoining that he has been removed from the post before the completion of..........
