Court : Karnataka Kalaburagi
Decided on : Jan-31-2023
..... .202224/2021 -8- upper krishna project in narayanapura and directed him to submit fresh proposal on examining the effect of order of acquittal passed by the learned sessions judge.10. on 24.05.2021, respondent no.2 issued another communication as per annexure-m stating that it has received reminders from upalokayukta for not taking action against ..... order.5. pending the above criminal case, respondent no.3 the upalokayukta acting under section 12 of the karnataka lokayukta act, 1984 (for short kl act ) referred the matter to w.p.no.202224/2021 -5- respondent no.4 i.e. additional registrar (enquiries-11) for an inquiry. before respondent no.4 the petitioner submitted his reply as per annexure-c1 ..... sheet filed by karnataka lokayukta police in the above said case, the petitioner was tried in special (corruption) case no.1/2012 by the principal sessions judge, raichur for the charges for the offences punishable under sections 7, 13(1)(d) read with section 13(2) of the prevention of corruption .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2023
..... a given set of employees, that view which furthers the legislative intention should be preferred to the one which would frustrate it. 28. dealing with this very act, a three-judge bench of this court in buckingham and carnatic co. ltd. v. venkatiah [air1964sc1272 speaking through gajendragadkar, j., (as he then was) held, accepting ..... rehabilitate a physically and economically handicapped workman who is adversely affected by sickness, injury or livelihood of dependents by death of a workman.19. a three-judge bench of this court, in reference to the esi act, in transport corpn. of india v. esi corpn. [(2000) 1 scc332:2000. scc (l&s) 121]. , held that : (scc pp ..... of a factory in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. the employees' state insurance act is a social security legislation and the canons of interpreting a social legislation are different from the canons of interpretation of taxation law. the 10 courts .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2023
..... since the response to the show cause notice was found to be unsatisfactory, departmental proceedings were initiated against the respondent no.1 and k.c. patel. in the inquiry report, the inquiry officer opined that there was tampering with the bids. it was found that tampering was done in the case of tender of bidders m/s. laxmi singh and ..... have already been narrated in the preceding paragraphs. it is not in dispute that during the course of inquiry, fair opportunity of hearing was afforded to the respondent no.1 at every stage. this was even found by the learned single judge while dismissing the writ petition challenging the punishment inflicted upon him. the judgment passed by the division bench ..... in a case of mala fides or perversity i.e. where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at those findings and so long as there is some evidence to support the page 7 of 9 civil appeal no.3663 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2023
..... scrutiny, rather, it is not fit to be subjected to further judicial review. in other words, the court cannot, in such circumstances, judge on the expediency or inexpediency to dispense with the inquiry as it was arrived at civil appeal no.6301 of 2013 page 42 of 46 based on the subjective satisfaction of the president based on ..... of 46 circumstances of the case and make such orders thereon as it deems fit under rule 14(1) of the railway servants (discipline and appeal) rules, 1968, that an objective consideration is possible only if the delinquent employee is heard and is given a chance to satisfy the authority regarding the final orders that may be ..... organisation cannot be said to have committed a flaw or fault in entertaining suspicion on his honesty, integrity, reliability, dependability and trustworthiness and above all to treat such acts as a matter of concern in relation to the security of the state.22. rule 16 (iii) of the cca rules requires no analytical approach to understand that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-23-2023
..... means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the prevention of corruption act,1988; (l) preliminary inquiry means an inquiry conducted under this act; (n) public servant means a person referred to in clauses (a) to (h) of sub section (1) of section 14 but does not ..... not legally 7 justified. the officer of the department has made a complaint on 9th december, 2020 and other officer is called upon to conduct a preliminary inquiry as stated that one cannot be a judge in its own cause and that being the reason, the division bench of the high court has permitted the lokayukta to conduct an ..... concept of natural justice, indeed, has undergone a change with the passage of time, but still the time tested rules, namely, are (i) no one shall be a judge in his own case (nemo debet essse judex propria causa) and (ii) no decision shall be 16 given against a party without affording him a reasonable opportunity of hearing .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2023
..... imputation of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, an authority to inquire into the truth thereof. provided that where there is a complaint of sexual harassment within the meaning ..... . similarly, the registrar generals of the state high courts shall transmit a copy of this judgment to the directors of the state judicial academies and the principal district judges/district judges of their respective states. (xi) the chairperson, bar council of india and the apex bodies mentioned in sub-para (ix) above, shall in turn, transmit ..... by the statute or statutory rules42. 41 union of india and another v. tulsi ram patel, (1985) 3 scc39842 roshan lal tandon v. union of india, (1968) 1 scr185page 18 of 59 civil appeal no.2482 of 2014 (c) article311: a manifestation of the principles of natural justice31 this court has held that in matters .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, an authority to inquire into the truth thereof. xxx xxx xxx (5)(c) where the disciplinary authority itself inquires ..... case, was not only incorrect in its interpretation of the jurisdiction of the commandant and the obligation of the ssfc to furnish reasons under the bsf act 1968 and rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings. we implore courts to interpret service rules and statutory regulations ..... respect to the departmental proceedings conducted pursuant to the allegations of sexual harassment, made the following relevant observations: - 62. disciplinary authority is the sole judge of facts and once findings of fact, based on appreciation of evidence are recorded, the high court in its writ jurisdiction should not normally interfere with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2023
..... 20 days of age as on 15.12.2017, and being below 16 years of age, he was child as per section 2(12) of j.j.act, 2015. accordingly, the inquiry proceedings are concluded.6. at the outset learned senior counsel for the appellant has clarified that for the present he is only pressing the plea of juvenility and ..... to the juvenile without interfering with the conviction recorded by the court concerned and thereby complied with the mandate of section 7-a(2) of the act.24. similar view was taken by a two-judge bench of this court in the case of mahesh vs. state of rajasthan and others6, wherein this court confirmed the conviction. however, the sentence ..... along with the report in the week commencing 31st october 2022.5. pursuant to the said order, a report has been received from the court of first additional sessions judge, manawar, district dhar, madhya pradesh dated 27.10.2022 running into 20 pages along with all the material evidence both documentary and oral adduced before it on the basis .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2023
..... gotten diluted in view of the judgment of this court in the case of abuzar hossain (supra), delivered by a three judge bench. but abuzar hossain (supra) deals with the context in which inquiry shall be directed under the 2000 act and rules made thereunder. this authority does not come into conflict with ratio of the decision in the case of ashwani ..... to be the main factor for determination of juvenility. in the case of rishipal singh solanki (supra), the two judge bench of this court has laid 61 down the principle that an inquiry initiated under section 9 (2) of 2015 act would be similar to that contained in section 94 of thereof. we accept this view. we have called for the ..... in the present case.25. next comes the question as to whether the course adopted by the inquiring judge was in terms of the provisions of the 2015 act or not. mr. patil, relying on section 103 of the 2015 act submitted that the inquiry had to be in terms of the code of criminal procedure, 1973. section 103 of the 2015 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-2023
..... 3 the order of dismissal passed by the commissioner of the municipal corporation was challenged by the respondent before the learned single judge of the high court. before the learned single judge, the respondent challenged the inquiry report as well as the dismissal order on merits and also on the ground that the commissioner, who passed the order ..... the delegation covers all kinds of works including purchases and other execution of work in which it is found that the officer has committed irregularity or had acted in a negligent manner. it was further submitted that eventually, the general body of the corporation vide its resolution no.56 dated 15.12.1998 as ..... principal and secretary to dismiss him stood ratified by the competent authority (board of governors) themselves with retrospective effect from 16- 8-1996 thereby making an invalid act a lawful one in conformity with the procedure prescribed in the rules.7.2 applying the law laid down by this court in the case of pannalal choudhury .....
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