Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Matter was fixed for evidence - Nothing on record to suggest that complainant had persistently defaulted, abused process of law or exhibited any intention to abandon prosecution - In such circumstances, one..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate after examining complainant u/s 223 BNSS and noticing absence of supporting material has consciously chosen not to direct registration of an FIR but instead to invoke S.225 BNSS in order to conduct an inquiry himself to deliberate upon question of cognizance and thereafter either to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Contract -- Blacklisting - Show Cause notice - It is necessary for department to issue a specific notice proposing blacklisting of a contractor and call for an explanation as to why an order of blacklisting should not be passed in view of its serious consequences...........
Contract -- Termination and blacklisting - Show Cause notice - Decision to blacklist is independent of decision to terminate and department must demonstrate application of mind before it takes next step of blacklisting the contractor over an order of termination - Upon taking such a decision, it must also issue a show cause notice calling upon contractor to explain why a..........
Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
Service -- Selection process - Post of constable - Physical Test - Respondent not participated in physical test due to ill health despite having qualified in first tier of selection process - He alone sought for rescheduling of date of physical test - However, no effort was made by respondent to remain physically present on scheduled date of physical test - Nature of..........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
