Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly disproportionate - Award of retrenchment compensation - Enhanced..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and petitioner is given 5..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 5 -- Disproportionate assets - Less than 10% of the total income - Accused entitled to acquittal - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 154 -- Two FIRs for the same offence - First FIR for demand of illegal gratification - Second FIR for assets disproportionate to known sources of income - Both the offences are related to different provisions of Act of 1988 - Both the FIR's are distinct and cannot..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Disproportionate assets - If net excess amount after deducting reported income is less than 10% of income, then it will not amount to violation of Ss.13(1)(e) & 13(2) of Act...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Disproportionate assets - Accused alleged to be in possession of assets disproportionate to his known sources of income duly shown in income tax returns which are supported by contemporaneous documents and intimations to Government - If amounts in question, which were duly intimated and are reflected in Income..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Expression "known sources of income" in S.13(1)(e) of Act has two elements: (i) income must be received from a lawful source and; (ii) the receipt of such income must have been intimated in accordance with the provisions of law, rules or orders for the time being applicable to public servant...........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Accused possessed property to the tune of Rs.31 lacs disproportionate to his known sources of income - However, accused satisfactorily explained the source of income for cash and jewelry found in possession of his wife, house hold articles and car in possession of his wife and the amount..........
Prevention of Corruption Act, 1988, Section 7, 13(e) -- Illegal gratification - Expenses and saving more than Income - Proof - Sometimes a Government employee may save some part of his salary but it is not expected that saving is to be reflected every month in account - There is no hard and fast rule to show as to how much amount is to be used to meet out expenses as it..........
