Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Service -- Dismissal from service - Disproportionate punishment - Where punishment is found to be disproportionate to misconduct committed and proved, matter is to be remitted to disciplinary authority for imposing appropriate punishment/penalty which as such is prerogative of disciplinary authority...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - A student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide - No iota of material on record even assuming the complete charge sheet to be correct which could lead to..........
Service -- Misconduct - Punishment of withholding of four increments - Order of punishment passed by disciplinary authority set aside by High Court on the ground of non-supply of some documents to delinquent - However, there is no finding that non supply of some documents has resulted into any prejudice caused to the employee - Mere non-supply of documents which may not..........
Service -- Dismissal - High Court set aside the order of dismissal passed in breach of principles of natural justice as copy of Inquiry Report was not given to the delinquent and without calling for his comments on the Inquiry officer's report and respondent was reinstated with full back wages - Impugned order set aside - High Court ought to have remitted the case to..........
Service -- Dismissal - Misconduct - No evidence led by department to prove misconduct against respondent - In the absence of any proof of misconduct, order of punishment of dismissal from service was rightly interfered by Tribunal as affirmed by High Court - Matter remitted back to disciplinary authority to conduct departmental proceedings from the stage prior to order of..........
Service -- Removal from service - Disproportionate punishment - Loss caused to Insurance Company - However, it cannot be said that employee failed to maintain integrity - Employee had rendered twenty years of service and had an unblemished service record throughout - Order of removal from service quashed and set aside - Matter remitted to disciplinary authority to impose..........
Service -- Misconduct - Departmental proceedings and criminal proceedings - Acquittal in criminal Court by giving benefit of doubt, will not in any way render a completed disciplinary proceeding invalid nor affect validity of finding of guilt or consequential punishment, as standard of proof in both the proceedings are different...........
Service -- Misconduct - Removal from service - Delinquent being male Head constable entered Mahila Barrack in the midnight - He was apprehended inside Mahila Barrack by six female constables - Such an indisciplined conduct leading to compromising security of occupants of Mahila Barrack cannot be tolerated - Disciplinary authority justified in imposing punishment/penalty..........
Service -- Misconduct - Modification of punishment - Once a conscious decision was taken by Disciplinary Authority to remove an employee on proved misconduct of a very serious nature of defrauding public money, neither Tribunal nor High Court should have interfered with order of punishment imposed by Disciplinary Authority, which was after considering gravity and..........
