Service -- Misconduct - Punishment - It is the disciplinary authority or appellate authority in appeal, which is to decide the nature of punishment to be given to delinquent employee - Keeping in view the seriousness of the misconduct committed by such an employee, it is not open for Courts to assume and usurp the function of disciplinary authority...........
Service -- Misconduct - Removal from service - Nature of allegations against respondent are grave in nature as he not only threatened complainant but misbehaved and abused and injured him and made false allegation against him of sexual harassment to his wife - Charges levelled against respondent stood proved by disciplinary authority in a departmental inquiry and such a..........
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...........
