Service -- Departmental enquiry - Punishment - No provision in statute to withhold appointment permanently - Order of punishment, thus, cannot be upheld...........
Service -- Departmental enquiry - Violation of rules of natural justice - Request for supply of documents towards submitting an effective reply but same not supplied - Employee also sought aid of a lawyer but it was also denied - Nothing on record to suggest that any list of witnesses or list of documentary evidence was supplied to the appellant or to the Inquiry officer..........
Service -- Departmental enquiry - Charge sheet - In the inquiry report background of appointment of appellant has been referred since it has no connection with charges - No such evidence relating to charges have cited in imputed charges or list of evidence - Even without intimating such facts to appellate inquiry Officer held appellant guilty - Inquiry report holding..........
Service -- Departmental enquiry - Malafide - Appellant being Director of ACBR acting in terms of decision of Governing Body of ACBR taking steps towards making ACBR autonomous within the premises of University - As a clash of interest between officials of University and ACBR, Memorandum of punishment was taken against appellant - Action of University, held, to be malafide..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
Service -- Departmental proceedings - Misconduct - In case of two distinct and separate departmental enquiries on distinct and separate charge sheets, order in first even though attained finality would not affect the result of second enquiry - Order of removal from service on the basis of second charge sheet held valid...........
Service -- Departmental enquiry - Enquiry proceedings taking more than twelve years - No plausible explanation for such inordinate delay - Similarly placed workmen were ordered to be reinstated with lesser punishment - No reason as to why harsher punishment of dismissal from service be imposed on appellant...........
Stoppage of two annual increments -- Plea of violation of natural justice - Petitioner was issued complete charge sheet with statement of allegation which he apparently waived off by not responding to it - Enquiry was held in which the petitioner participated - A show cause notice was issued to petitioner proposing dismissal of service form corporation along with recovery..........
Post Office Insurance Fund Rules, 2008, Rule 41(5)(ii)(c) -- Payment of insurance policy amount - Plea of illness taken by Post office - Post office failed to prove any kind of prolonged illness - Policy was issued in favour of husband of plaintiff after full enquiry - When husband of plaintiff died unfortunately died, wife cannot be denied the claim of insurance in..........
Natural justice -- Principle - Material to show that enquiry went over more than a year and there have been several hearings where both parties had participated in personal hearing conducted before Arbitrator - The requirement of the award to be in accordance with justice, equity and good conscience cannot be stretched to expect also pointed reasoning for his ultimate..........
