Service -- Misconduct - Order of punishment set aside on the ground of Doctrine of equality - When the charges against delinquent officer are proved in departmental enquiry, merely because some other officers involved in same incident are exonerated and/or no action is taken against other officers, same cannot be a ground to set aside order of punishment against..........
Constitution of India, 1950, Article 226, Rajasthan Judicial Service Rules, 2010, Rule 45, 46 -- Writ petition - Challenging discharge from Judicial service on ground of passing wrong order - Petitioner/Judicial Officer allegedly granted bail to accused in bribe case for extraneous considerations - Said allegations not supported with oral or documentary material - There is..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - Suspension can only be on account of misconduct during current term - Even, if bar u/s 216(4) of the Act is not attracted, order of suspension is bad in law as it is based upon an alleged misconduct committed in year 2011 and not during current term - Suspension order quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband placed on record conversion between parties recorded in CD, its transcript and text messages along with certificate u/s 65-B of Evidence Act - Wife on the other hand did not lead any evidence to contradict the said evidence - Evidence led by husband correctly taken into account..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Service -- Misconduct - Quantum of punishment is within discretionary domain and sole power of decision making authority once charge of misconduct stands proved - Such discretionary power is exposed to judicial interference if exercised in a manner which is grossly disproportionate to fault, as constitutional Courts while exercising the power of judicial review do not..........
Service -- Misconduct - Dismissal - Respondent was a constable in CISF allegedly abused, misbehaved and assaulted the officer on right shoulder with lathi - No indulgence or latitude can be granted when case is of violence and assault on the officer who had checked and reprimanded respondent - Respondent had not even expressed any remorse or pleaded a good ground for..........
Service -- Misconduct - Superannuation does not absolve employee from misconduct committed by him in discharge of his duties...........
Banking service -- Dismissal - Misconduct - Misappropriation of funds - Disciplinary authority punished respondent with penalty of dismissal from service which was substituted by Tribunal and High Court with order of reinstatement - Nature of allegations levelled against respondent stood proved - Punishment of dismissal inflicted upon respondent in no manner could be said..........
Service -- Removal from service - Misconduct - As per charges proved in departmental proceedings there is no financial loss caused to Bank and rather appellant had taken a decision to reduce the loan amount of complainant which can be said to be decision in bank`s interest - Moreover, appellant had worked for 28 years and during said period there are no allegations..........
