Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Even if action of authorities concerned is contrary to departmental norms, still it would not justify criminal prosecution, unless it is actuated by dishonest intention to obtain undue pecuniary advantage as dishonest intention is gist of the offence u/s 13(1)(d) of the Act...........
Service -- Departmental inquiry - Once a finding has been recorded by a competent Court of Law, the same cannot be overturned subsequently by an Enquiry Officer on the same allegations...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Initiation of process in departmental proceeding, especially on charges of sexual harassment can never be said to be amounting to contempt of Court even if criminal proceedings were pending...........
Service -- Termination - Departmental proceedings - Whether any criminal trial was pending or not would not have any bearing on pending issue before Inquiry Committee...........
Service -- Recruitment - Post of Chargeman Grade-II (Electrical) - Post required to be filled as per quota prescribed i.e 50% by way of promotion and 25% by way of LDCE (Limited Departmental Competitive Examination) and 25% by way of Direct Recruitment - Respondent applied for the post in direct recruitment as well as in LDCE quota - He was selected in both the quotas, but..........
Payment of Gratuity Act, 1972, Section 2(e) -- Employee - Gramin Dak Sewak engaged as Extra Departmental Agents, not an employee under the Act, as said post is governed by 2011 Rules and these Rules have separate provisions for payment of Gratuity...........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Defective investigation - Direction issued to Chief Secretary, Home Department, State to enquire the matter and take departmental action against erring officers/officials, if those are still in service...........
Indian Penal Code, 1860, Section 420, 465, 466, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482, 197 -- Quashing of proceedings - Cheating - Manipulation and tampering of public records - Documents in questions were manipulated and tampered by A-1 to A-5 with the help of officials of Registration Department with an intention to introduce Common pathway in..........
Indian Penal Code, 1860, Section 406, 407, 409, 468, 471, 420, 120B -- Offence u/s 406, 407, 409, 468, 471, 420, 120-B IPC - Framing of charges and continuation of criminal proceeding against petitioner after exonerating him from departmental inquiry on similar charge amounts to abuse of process of Court - Moreover, co-accused have already been acquitted by trial Court and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife levelled repeated allegations of adultery against husband - Private Complaint u/s 494 IPC was also filed by wife against husband - However, husband discharged from said charge by trial Court in criminal proceedings - Allegations not found true by civil Court, which was not proved..........
