Armed service -- Order of admonition - Compensation - Small incident of overtaking the vehicle of one's senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that need to be maintained between such an infraction and its punishment will always be at the core of governance - Tribunal rightly held that small..........
Service -- Disciplinary proceedings - Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory...........
Service -- Disciplinary proceedings - It is sine qua non to record evidence of witnesses for proving the charges even in an ex-parte inquiry...........
Service -- Major penalty - No oral evidence whatsoever was recorded by department in support of the charges - Hence, inquiry proceedings conducted against appellant pertaining to charges punishable with major penalty were totally vitiated and non-est in the eyes of law - Order imposing penalty set aside - Appellant thus, entitled to all consequential benefits...........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Appellant was working as Branch Manager and getting a consolidated salary of 22,000 one year prior to the date of accident - Accident took place in the year 2014 in the financial year 2013-14 - However, appellant produced the income tax returns for assessment years 2010-11, 2011-12 -..........
Probation of Offenders Act, 1958, Section 4, 12 -- Benefit of probation granted - Petitioner has already undergone the period of probation - Petitioner not found involved in any other case or misusing the concession of probation - Judgment vide which petitioner was released on probation would not effect the service career of petitioner in view of S.12 of the Act...........
Service -- Recruitment process - Preparation of Final Select List signals the conclusion of appointment process - Action of State Government scrapping the entire process and to undertake a fresh appointment process under the New Rules amounts to effectively changing the rules which is impermissible which deprives the candidates of their legitimate right of consideration..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement just after 98 days of service of summons, though they had appeared and filed an application, praying for time to file written statement - Since statutory period prescribed U.O.8.R.1 CPC is directory in nature, interest of..........
Service -- Seniority - Determination - Once an incumbent is appointed to a post according to the rules, his seniority has to be reckoned from the date of initial appointment and not according to the date of confirmation, unless the rules provide otherwise...........
