Court : Karnataka
Reported in : 2009(2)KarLJ702
..... section 3 of the karnataka state civil services (prevention of strikes) act, 1966 which governs the field, also declares that no state civil servant shall resort to strike.16. ..... , karnataka state civil services (prevention of strikes) act, 1966 which governs the field, which also carries a penal provision. ..... of course, the government had initiated action under rule 106-b of the karnataka civil services rules, 1958 by issuing notices to the doctors who went on strike from 10-11-2008 to 13-11-2008 causing much inconvenience to the public health service which is in clear violation of rule 106-bq) and (2) of the karnataka civil services rules, 1958 and also rules 3 and 8(i) and (ii) under the karnataka civil services (conduct) rules, 1966; but while passing the order, the government has resorted to rule 106-a of the karnataka ..... family planning to take appropriate disciplinary proceedings against the erring doctors who have acted against the medical ethics and public interest and to deal with them, in accordance with law; to declare that the strike called upon by the karnataka medical officers' association, victoria hospital, bangalore, is illegal unconstitutional and that they have no right to abstain from medical service to which they have been appointed in government hospital all over the state .....
Tag this Judgment!Court : Himachal Pradesh
..... to such strikes, depriving the immediate medical attention and treatment to the persons in real need, the state authorities shall not hesitate to apply the provisions of the essential services maintenance act, 1968 (esma), if necessary by treating the medical services to the person in real need to be an essential service.vi) it is desired from the state government to bring out legislation for the prevention of such strikes providing a penal provision therein in line with karnataka state civil services (prevention of strikes) act, 1966. ..... in case there is any incident, where the doctors on duty or any other staff of the hospital is manhandled, abused or in any manner prevented from performing his duty in a proper atmosphere by any member of the public including relatives and attendants of the patients, the doctor shall have the right to take ..... following directions in addition to whatever have been earlier issued by this court in cwp no: 310 of 2004 , to curb the menace of strike in public interest and also to devise a forum for redressal to the aggrieved doctors or their association, till an appropriate legislation is brought ..... far as possible, shall take effective steps to prevent the interns or men in medical profession from resorting to strikes, without making it a contentious issue. ..... the reason whether the members of the rda, working in the igmc has a right to go on strike, by putting the lives of many indoor and outdoor patients in peril, who need their services in dire need.12. .....
Tag this Judgment!Court : Jharkhand
..... the petitioner apprehending his arrest in connection with the case registered under sections 120(b) r/w 420 ipc and sections 13(2) r/w 13(1) (d) of prevention of corruption act, 1988 has prayed for grant of anticipatory bail.3. ..... anticipatory bail:- (viii) while considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. 7. ..... it was further submitted that the hec s works and service manual provides for the regulations relating to tenders and all the norms laid down therein have been followed in this case. ..... three bidders viz m/s essar engineering service, m/s struc mech engineers (sme) and m/s fictner india submitted their bids by the closing date, but their bids were not opened without any valid reason and shri a.k.singh, sr. ..... 14(a)/2014-r, subject to the conditions as laid down under section 438(2) cr.p.c. ..... dgm i/c (civil and structure), hec ltd. ..... dgm, civil & structural design, hmbp, shri b. .....
Tag this Judgment!Court : Jharkhand
..... the petitioner apprehending his arrest in connection with the case registered under sections 120(b) r/w 420 ipc and sections 13(2) r/w 13(1) (d) of prevention of corruption act, 1988 has prayed for grant of anticipatory bail.3. ..... anticipatory bail:- (viii) while considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. 7. ..... it was further submitted that the hec s works and service manual provides for the regulations relating to tenders and all the norms laid down therein have been followed in this case. ..... three bidders viz m/s essar engineering service, m/s struc mech engineers (sme) and m/s fictner india submitted their bids by the closing date, but their bids were not opened without any valid reason and shri a.k.singh, sr. ..... 14(a)/2014-r, subject to the conditions as laid down under section 438(2) cr.p.c. ..... dgm i/c (civil and structure), hec ltd. ..... dgm, civil & structural design, hmbp, shri b. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT725; 2002CriLJ4009
..... civil services (conduct) rules cannot be reviewed by initiation of criminal action under section 13 of the act ..... to amend the prayer in the writ petition as under:'it is, therefore, necessary in the interests of justice that this hon'ble court may be pleased to issue an appropriate writ, order or direction, declaring section 13(1) and section 13(2) of the prevention of corruption act, 1988 as arbitrary, illegal, unjust, violative of the fundamental rights guaranteed to me under articles 14, 16, 21, proviso to article 309, articles 311 and 300a of the constitution of india and also declare cl. ..... the petitioner in the instant writ petition invokes the extraordinary jurisdiction of this court under article 226 of the constitution of india praying 'to issue an appropriate writ, order or direction, declaring section 13(1) and section 13(2) of the prevention of corruption act, 1988 as arbitrary, illegal, unjust, violative of the fundamental rights guaranteed to the petitioner under articles 14, 16, 21, proviso to article 309, article 311 and also article 300a of the constitution ..... it inter alia envisages widening the scope of definition of expression 'public servant', incorporation of offences under sections 161 to 165a of the indian penal code, enhancement of penalties provided for these offences and incorporation of a provision that the order of the trial court upholding the grant of sanction for prosecution ..... constitutional validity of law is not enough for striking down any legislation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC375; 1954CriLJ993; (1954)IMLJ702(SC); [1954]1SCR1150
..... sub-section (1) of section 96b of the government of india act, 1919, runs as follows :'subject to the provisions of this act and of rules made thereunder, every person in the civil service of the crown in india holds office during his majesty's pleasure and may be employed in any manner required by a proper authority within the scope of his duty, but no person in that service may be dismissed by any authority subordinate to that by ..... 1954, the police submitted a charge-sheet against the petitioner before the special judge, sessions court, delhi, charging him with offenses under sections 161/165 of the indian penal code and section 5(2) of the prevention of corruption act and upon that, summons were issued by the learned judge directing the petitioner to appear before his court on the 11th of march, 1954 ..... acts alleged to have been committed by the petitioner in the present case and on the basis of which the charges have been framed against him do come within the definition of 'offences' described in sections 161 and 165 of the indian penal code and section 5(2) of the prevention of corruption act ..... as the law stands at present, the only purpose, for which an enquiry under act xxxvii of 1850 could be made, is to help the government to come to a definite conclusion regarding the misbehavior of a public servant and thus enable it to determine provisionally the punishment which should be imposed upon him, prior to giving him a reasonable opportunity of showing cause, as is required .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC803; [1984(48)FLR57]; 1983LabIC1128; (1983)IILLJ256SC; 1983(1)SCALE690; (1983)3SCC387; [1983]3SCR337; 1983(2)SLJ227(SC)
..... tale, vithoba and baban were kept under suspension pending trial of the criminal cases filed against them and they were paid normal subsistence allowance under the main rule 151 of the bombay civil services rules, 1959 from the dates of their suspension until the dates on which they were convicted and sentenced to imprisonment by the trial court. ..... 4292 of 1976 holding that the second proviso to rule 151(i)(ii)(b) of the bombay civil services rules, 1959 will apply to the respondent chandrabhan tale for purposes of payment of subsistence allowance at the nominal rate of re. ..... that the second proviso to rule 151(i)(ii)(b) of the bombay civil service rules is void as it offends articles 14, 16 and 21 of the constitution. ..... there is a present inherent danger of a class dominated civil service resulting from the concept of employment opportunity as private property. ..... and section 5(1)(d) read with section 5(2) of the prevention corruption act while vithoba has been convicted under section 5(1)(e) read with section 5(2) of that act in separate cases. ..... the main rule 151 of the bombay civil services rules, 1959 provides for payment of normal subsistence allowance to a civil servant on his suspension. ..... the right to suspend an employee, whether he is in civil service or in service under a private individual or private management is well recognised as an incident to such service. ..... 1 per month as per the second proviso to rule 151(1)(ii)(b) of the bombay civil services rules, 1959. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004CriLJ3001; 2004(3)MhLj410
..... leave the matter at that because shri hudlikar has very rightly pointed out to me that regardless of for how long this stillborn litigation went on that there is nothing to prevent the department from once again drafting out the very sanction order and re-instituting the proceeding if the appeal were to be disposed of on a technical ground. ..... jamdar that civil service rules are harsh inasmuch as the provident fund and gratuity which is meant for the dependents of the government servant can be withheld by the government in case the government servant ..... in that justice saldanha had after analysing the scheme of the prevention of corruption act held that in trifling of petty cases where the amount of the alleged bribe is extremely small the legislature could never have intended that the public servant in question ought to be ..... the supreme court had occasion to observe: 'the grant of sanction is not an idle formality or an acrimonious exercise but a solemn and sacrosanct act which affords protection to government servants against frivolous prosecutions and must therefore be strictly complied with before any prosecution can be launched against the public ..... employee may not have any role to play in such activities of the government servant so as to deprive them of these benefits because of their father or husband being found guilty under the prevention of corruption act. ..... the original accused hanmantappa murtyappa vijapure challenging his conviction under the prevention of corruption act. .....
Tag this Judgment!Court : Delhi
..... examination, the petitioners filed applications under section 19, administrative tribunals act, 1985 before principal bench of central administrative tribunal, new delhi inter-alia, alleging that the possibility that there were irregularities in the civil services examination conducted by upsc in the years 2007-2009 cannot be ruled out inasmuch as various irregularities have been detected in the civil services examinations conducted in the past several years ..... used by them and verify the irregularities committed by the respondent;iii) direct the respondent to produce raw and moderated marks of applicants and all other candidates in civil services (main) examination 2008 to verify justness of moderation system;iv) to strike down the system of moderation/scaling applied by the upsc after asking upsc to explain the system;v) direct the respondent to bring uniformity on the system of ..... under the prevention of corruption act against one, ratipal saroj and four employees of upsc, shri saroj was selected in civil service examinations, 1985 ..... were advanced by the learned counsel for the petitioner(s):- a that the learned tribunal failed to appreciate that the method of moderation of marks applied by upsc in evaluating answer sheets of the candidates pertaining to civil services (main) examination is unreasonable and arbitrary and thus violative of articles 14 and 16 of constitution of india.b that the learned tribunal failed to appreciate that the method of scaling of marks applied by upsc .....
Tag this Judgment!Court : Supreme Court of India
..... the petitioner-shayara bano, preferred transfer petition (c) no.1796 of 2015, under section 25 of the code of civil procedure, 1908, read with order xxxvi-b of the supreme court rules, 1966, for the transfer of matrimonial case no.1144 of 2015, filed by the respondent-husband (seeking restitution of conjugal rights) pending at allahabad, uttar pradesh, to the principal judge, family court, ..... narasu appa mali [air1952bom 84:53 cri lj354 the constitutional validity of the bombay prevention of hindu bigamous marriages act (25 of 1946) was challenged on the ground of violation of articles 14, 15 and 25 of ..... constitution through its preamble, fundamental rights and directive principles created a secular state based on the principle of equality and non-discrimination, striking a balance between the rights of the individuals and the duty and commitment of the state to establish an egalitarian social order. dr ..... of the constitution mandates that claims of the members of the dalits and tribes shall be taken into consideration in making appointments to services and posts in connection with affairs of the union or of a state consistent with the maintenance of efficiency of administration. ..... it was submitted, that if the term personal law was excluded from the definition law in force deployed in article 13, then matters of faith having a direct relationship to some religious denomination (matters of personal law ), do not have to satisfy the rights enumerated in articles 14, 15 and 21 of .....
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