Service -- Dismissal from service - Non application of mind by Disciplinary Authority and Appellate Authority - Appellate Authority simply adopted the language employed by the Disciplinary Authority - Order passed by Disciplinary Authority and Appellate Authority set aside and matter remitted for fresh disposal - Disciplinary Authority to consider detailed representation..........
Punjab Co-operative Societies Act, 1961, Section 26(D), 27 -- Statutory duty of Administrator to hold elections of Society before expiry of his term - Directions issued to Administrator appointed in Co-operative Societies to hold election during their tenure - Failure to do so will entail disciplinary action against them...........
Service -- Disciplinary proceedings - Dismissal from service - Jurisdiction of Court to interfere - Factual finding of the Disciplinary Authority after holding a detailed enquiry and after going through elaborate evidence are not assailable in the courts unless the breach of principles of natural justice or the violation of any rules or any material irregularity on the..........
Service -- Dismissal from service - Absence from duty for five months - Appellant not joining duty inspite of request to join duty and grant of further time - Appellant bent upon to evade transfer order - Ground of ailment taken as a ruse to avoid transfer - Appellant inspite of illness attending Court - High Court went into all aspects of enquiry in detail and came to..........
Service -- Misconduct - Condonation - Delay in holding disciplinary proceedings on account of pendency of criminal proceedings - Not a ground to hold that there had been a conscious act on the part of authorities to condone the misconduct on the part of the appellant - For the purpose of holding that misconduct was condoned by the employer the Court must come to a definite..........
Service -- Misconduct - Dismissal from service - Copy of enquiry report not furnished to employee by Disciplinary Authority - Held, it was not necessary for the Disciplinary Authority, keeping in view the law as it then stood, to furnish a copy of enquiry report to the employee...........
Service -- Misconduct - Delay in holding disciplinary proceedings or justifiability thereof - Objection thereto not raised by employee before any forum - Not a case of employee before Appellate Authority or before High Court that by reason for any delay in initiating the disciplinary proceeding he had been prejudiced in any manner - Appellant not only took part in..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Accused escaped from custody of Court - Cognizance taken by Magistrate for offence under Section 224 IPC - During course of trial some witnesses turned hostile - Disciplinary action can be taken against them - District Judge cannot direct police to further investigate matter and file additional charge..........
Service -- Disciplinary proceedings - Judicial review thereof is limited - Disciplinary proceedings, however, being quasi-criminal in nature, there should be some evidences to prove the charge - Although the charges in a departmental proceedings are not required to be proved like a criminal trial, i.e., beyond all reasonable doubts, but Enquiry Officer performs a..........
Human Rights -- Violation - Handcuffing and parading of accused without prior permission of Magistrate - Amounts to violation of human rights - State to compensate both accused and to pay Rs.15,000/- each - State to hold disciplinary proceedings against police officials and to complete the same within a period of six months and to file compliance report within two weeks..........
