Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Service -- Misconduct - Forfeiture of gratuity - Failure of employer to initiate criminal proceeding on the fraud employed by way of fabricated/forged certificate produced for the purpose of employment, does not militate against the forfeiture - No conviction in a criminal proceeding is necessitated, if the misconduct alleged & proved constitutes an offence involving moral..........
Service -- Misconduct - Forfeiture of gratuity - Where appointment itself is illegal, there is no question of terminated employee seeking fruits of his employment by way of gratuity...........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 75 -- Quashing of order of issuance of non-bailable warrants - Application for exemption from personal appearance was filed by petitioner - However, trial Court while rejecting said application, straight away proceeded to issue non-bailable warrants against petitioner - Rejection of said application amounts to an..........
Service -- Misconduct - Disciplinary proceedings - Merely because advice to discharge his duties with utmost devotion and diligence was rendered to employee, it does not take away the right of employer to initiate disciplinary proceedings, particularly when said advice was not rendered by Disciplinary Authority...........
Service -- Dismissal - Respondent accepted almost all allegations in the Articles of Charge and requested to condone the mistakes on his part as a special case - He stated that there was a threat to his life, and he worked under pressure - Respondent had an unblemished record for more than 21 years till 2007 - He has already reached the age of superannuation - Penalty of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against husband - Wife has made general accusations against husband without furnishing specific instances of misconduct - Neither any specific allegations nor any material have come on record to show a prima..........
Service -- Police service - Misconduct - Penalty of censure - Appellant did not show interest in disposal of investigations which was treated to be a sign of gross negligence, indifference and selfishness while performing duties and was thus, highly condemnable - Censure entry directed to be recorded awarded by Superintendent of Police who was competent to do so as per..........
Service -- Termination - Misconduct - Contractual employee - Services of respondent have been determined solely on the ground of misconduct but without holding any regular inquiry or affording any opportunity of hearing to him - Order of termination of services, even if on contractual basis, has been passed without following the Principles of Natural Justice - Termination..........
