Service -- Reinstatement - Order of compulsory retirement passed against respondent - High Court vide impugned order set aside the order of compulsory retirement and directed reinstatement of respondent with back wages - Considering serious nature of misconduct proved against respondent and long gap of 17 years, order granting reinstatement with back wages set aside -..........
Service -- Departmental proceedings - Proof in departmental proceedings is not beyond reasonable doubt as is the principle in criminal trial but probabilities of misconduct...........
Service -- Misconduct - Dismissal from service - Petitioner fired from his service revolver on his higher officers - Appellants were given opportunity to produce registers of entrustment of Self Loaded Rifle to petitioner - But, record was not available being old record as incident is of the year 1993 - Enquiry was initiated in 2013 after acquittal of petitioner from..........
Service -- Misconduct - Dismissal from service - Petitioner was dismissed from service on account of his conviction in criminal trial, as he fired from his service revolver on his higher officers - However, since he was granted benefit of doubt in appeal by High Court and was subsequently acquitted, petitioner was reinstated in service - Enquiry was initiated after..........
Service -- Misconduct - Dismissal - Fire accident occurred in bank and FIR was registered against unknown persons - Respondent being friend of prime accused of incident, was suspected - Though there was a strong suspicion but there was no sufficient evidence to prove misconduct to dismiss from service - Respondent was in effective service of Bank only for about 6 years..........
Service -- Fraudulent appointments - Termination - 38 workmen secured appointment through fraudulent process in connivance with a Dealing Assistant and Personnel Manager - Departmental action was taken by appellants/Management against these two delinquent employees - Moreover, contradictory stand of workmen at different stage would suggest that they were conscious and..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Offence u/s 13(1)(d)(ii) of the Act - Mens rea, intention and/or knowledge of wrong doing is an essential condition of offence of criminal misconduct u/s 13(1)(d)(ii) of the Act - Presumption u/s 20 of the Act, does not apply to offence u/s 13(1)(d)(ii) of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - No allegation against petitioner that he deliberately committed any misconduct for extraneous considerations - Even, no material disclosing such act on his part has been unearthed during investigation conducted..........
Criminal Procedure Code, 1973, Section 154, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Pre FIR stage enquiry - Offence u/s 13(1)(e) of the Act - Pre FIR stage enquiry is not only permissible but desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate to his known sources of..........
