Court : Allahabad
Decided on : Jul-12-1960
Reported in : AIR1960All754
..... the relevant portion of rule 55 of the civil service rules runs as follows :'55. without prejudice to the provisions of the public servants inquiries act, 1850, no order (other than an order based on facts which had led to his conviction in a criminal court or by a ..... not the original rule shall apply. i have already given the gist of the amended rule 10 in an, earlier part of this judge ment and the discretion of the governor is not in any manner curtailed by that rule.11. in this connection it was also ..... of the tribunal is a judicial officer having vast experience in the conduct of court trials and qualified for being appointed as a judge of the high court.there is another way of looking at the matter. under sub-rule (1) of rule 8 the tribunal ..... tried by a very senior administrative officer as also by a very senior judicial officer who is qualified to be a high court judge and that too with the assistance of an assessor. under the civil service rules the delinquent officer has got to be tried .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-1960
Reported in : AIR1960All531
..... norfolk, (1949) 1 all er 109 at p. 118:'the requirements of natural justice must depend on the circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth.'7. the same principle was laid down by the supreme court in nagendra nath v. ..... had nowhere been laid down that the opportunity of hearing should be given by the punishing authority itself. that decision did not therefore support the view which the learned judge was taking.12. in air 1958 all 792 (supra) while the petitioner was sitting for an examination the inviliga-tor found in has possession a chit of paper ..... of mr. justice mathur by which he dismissed a petition filed by the appellant under article 226 of the constitution.2. the facts as have been found by the learned judge (and no attempt was made before us to challenge those findings) are that the appellant was a student studying for m. sc. (technical) previous examination of the banaras .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1960
Reported in : AIR1961All239
..... 203 or sub-section (3) of section 204 cr. p. c. or where an accused is discharged he can order further inquiry and in the last type of cases mentioned above he can do so only after giving the discharged person an opportunity to show cause ..... 1), cr. p. code. it reads as follows :'in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or find him guilty and pass sentence ..... intended to widen these powers. in my opinion this power of enhancing the sentence would not have been taken away from the sessions judges and the district magistrates, if the intention was to give them a further, right to order commitments in cases where in their ..... consider no other construction can be put by us on section 423 of act no. x of 1882.'10. i have tried my best to remove my doubts, by the observations of the learned judges cited above, but i must say with all respect that these doubts still .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-1960
Reported in : [1961]12STC248(All)
..... income-lax, bombay v. mangaldas motilal & co : [1944]12itr89(bom) . it was further contended for the respondent that in view of the amended section 21 of the act the judge (revisions) can be deemed to have had the power to pass an order of the kind that he did on the 28th of march, 1955, but as he however did ..... being heard (a) confirm, reduce, enhance or annul the assessment, or(b) set aside the assessment and direct the assessing authority to pass a fresh order after such further inquiry as may be directed, or(c)... sub-section (4) of section 9 is : every order passed in appeal under this section shall, subject to the powers of revision ..... next succeeding that to which the tax...relates, assess the tax payable on the turnover which has escaped assessment...after issuing a notice to the dealer and after making such inquiry as he considers necessary.7. this section was amended in 1954. the amendment did not, however, make any significant difference to the above-quoted relevant portion of the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-15-1960
Reported in : AIR1961All511
..... namely, the district collector or the sub-divisional officer.'13. in ram gopal v. anant prasad : air1959sc851 , the learned judges rejecting the argument that clause (f) of section 64 of the motor vehicles act restricted in any way the power of the appellate tribunal to deal with appeals filed under clause (a) of the. section ..... on account (a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or ...... unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of justice.'15. in the c. p ..... temporary permit should be granted to a particular person.the observations made with reference to sub-section (2) of section 134 were thus obiter. the learned judges only quoted the words of the sub-section and emphasised the concluding words requiring that a failure of justice must have been cccasioned. they were not .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-1960
Reported in : AIR1961All338; (1961)ILLJ424All
..... an administrative order with which the instant petition is concerned. the distinction between decrees and orders passed in civil suits and orders of dismissal passed on a departmental inquiry and those passed by some higher officer dismissing an appeal therefrom was considered1 by their lordships of the supreme court in the case of state of u. ..... for several years. he was departmentally charged for being found unlawfully in possession of railway property on the 18th november, 1953, and as a result of the inquiry which followed he was held guilty of the charges and also asked on the 8th april, 1954, to show cause why he should not be removed from ..... which he ultimately filed to the custodian general under section 27 of that act remained unsuccessful. the petitioner then presented the petition which came up for decision before the learned judges in the above case.it was in these circumstances that the learned judges came to the conclusion that the order of the assistant custodian and of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-24-1960
Reported in : AIR1960All579
..... the interests of discipline. under the rules the chief proctor is responsible for the maintenance of discipline and he has also the authority to hold inquiries. both he and the inquiry committee were thus authorities which had jurisdiction in the matter. there is no reason to hold that they did not discharge their duty honestly and dispassionately ..... the active participation in it of the petitioner.12. a grievance was also made that the academic council though it had before it the report of the inquiry committee and also of the proctor when it decided the action against the students, didnot give an opportunity to the petitioner and others similarly placed to offer ..... to the resolution. this happened on 15-4-1959. (see air 1960 all 256). the conclusion to which the learned judge came was that the academic council alone was under the banaras hindu university act and the statutes and ordinances, competent to mete out the punishment and that the standing committee which did so was not authorised .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-1960
Reported in : AIR1962All117
..... be, shall thereupon, notwithstanding anything contained in sub-section (1) of section 58, or 67 or 69, proceed to consider the report and may, after such further inquiry as it may deem necessary, punish, dismiss, remove or exonerate the executive officer or the secretary or such other officer to whom section 69 applies, as the case may ..... of the charges framed. (3) the enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules. (4) after the inquiry is completed, the president shall submit the record with his own recommendation to the state government or to the board as he may consider fit. the state govt. or ..... e., authorities who are empowered to discharge quasi-judicial functions.6. this general rule, however, has an exception and that is that a judge who would otherwise be disqualified may act in a case of necessitywhere no other judge has jurisdiction (see natural justice by h. h. marshall, 1959 edition, p. 38). in the case of serjeant v. dale, (1877 .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1960
Reported in : AIR1961All245
..... b. d. 627. in this case again the meaning of the expression 'final judgment' in section 4, sub-section (1) (g) of the same act came up for consideration before the learned judges. in this judgment the earl of selborne, l. c. expounded its meaning in the following words : 'to constitute an order a final judgment nothing more is ..... of the suit, and as after, the decision of the high court that can never be disputed again, their order is final, notwithstanding that there may be subordinate inquiries to make,' (p. 4.) 19. the above two cases of the privy council can no doubt be justifiably invoked to lend some support to the contention on behalf ..... therein. 63. in : air1954cal424 it was held by chakravartti, c. j. that 'the word 'judgment' was not intended to bring in orders, not final.' the learned judge in his judgment, which i may say with respect, is highly illuminating and instructive, referred to the internal indications in the constitution itself pointing to that conclusion. in this .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-1960
Reported in : AIR1960All606; 1960CriLJ1285
..... is absolute; in other cases it has been held that the statement of a witness are privileged only if relevant to the issue under inquiry. in many of these cases the learned judges have put forward in support of their views considerations of public policy as affecting the public and the administration of justice. such considerations, it ..... section 499, i. p. c., and that they were not entitled to the privilege under section 132, evidence act.3. on appeal the learned sessions judge acquitted the respondents on the sole ground that a person who makes a defamatory statement as a witness in answer to a relevant question cannot be ..... made the statements but denied that they committed the offence of section 500, i. p. c., by making them and claimed the privilege under section 132, evidence act. the trial court convicted the respondents holding that the statements made by the respondents in their depositions were defamatory and did not come within any of the exceptions to .....
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