Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 120B -- Illegal gratification - Offence u/ss 7, 13(1)(d), 13(2) and S.120-B IPC - Sanction for prosecution granted u/s 19 of Corruption Act - Sanction u/s 197 Cr.P.C. for prosecution of offence u/s 120-B IPC is not required since..........
Service -- Compassionate appointment - If the employee committed misconduct for which he was punished, then dependent of such employee cannot claim the benefit of appointment on compassionate ground...........
Constitution of India, 1950, Article 21, 226 -- Professional misconduct - Strike by Advocates - Fundamental right of litigant - Violation thereof - Held, a strike or a call by lawyers or a call to boycott or to compel brother lawyers not to represent a prospective litigant clearly impinges on his fundamental right to be represented by a counsel of his choice and for speedy..........
Service -- Reinstatement - Back wages - Unauthorised absentee - Removal from service - Order for removal from service on ground of misconduct was held to be harsh - Employee reinstated - Employee not entitled to any back wages...........
Central Civil Service (Temporary Service) Rules, 1965 -- Termination - Order set aside by the appellate authority with liberty to initiate de novo enquiry - Services again terminated after four days under Rule 5 of 1965 rules on the ground that petitioner only an ad hoc employee and holding of inquiry not required - Held that foundation of the termination of the petitioner..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Power should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - Where investigation is completed, charge sheet had been filed and charges are framed, the High Court should not ordinarily embark upon an enquiry as to the reliability of offences to..........
Punjab Police Rules, 1934, Rule 12.21 -- Constable - Discharge from service - Constable appointed on probation for a period of three years - Absence from duty without prior permission - Grave misconduct - Constable discharged from service - Held, there is no necessity of holding a formal enquiry - Order of discharge is not stigmatic - Order of discharge upheld...........
Service -- Departmental proceedings - Standard of proof - Misconduct need not be proved beyond all reasonable doubt but the standard of proof is as to whether the test of pre-ponderance of probability has been met...........
Industrial Disputes Act, 1947, Section 11A -- Labour Court - Jurisdiction - Department enquiry - Misconduct - Labour Court would have no jurisdiction to substitute its own judgment although it could itself have arrived at a different conclusion on the same materials - Decision of Labour Court should not be based on mere hypothesis - Its jurisdiction under S.11-A of the Act..........
Service -- Enquiry - Respondent was proceeded with both on charges of criminal misconduct as also civil misconduct on the same set of facts - Held, that on the same set of facts delinquent shall not be proceeded against in a departmental proceedings and in a criminal case simultaneously, however it depends upon facts of each case...........
