Court : Rajasthan
Reported in : RLW2006(4)Raj2865; 2004(2)WLC436
Gopal Krishan Vyas, J.1. This writ petition has been presented in the Registry of this Court on 22.12.2000. The petitioner has primarily challenged impugned orders An-nex.62 dated 4.5.1991 whereby pursuant to a departmental enquiry the Appointing Authority has imposed upon him the penalty of dismissal from service and Annex.64 dated 21.7.1992 whereby the appellate authority maintained the penalty order. On its face, the writ petition suffers from gross delay and, therefore, at the outset this Court called upon the counsel for the petitioner to show sufficient cause why this petition may not be dismissed only on the ground of laches.2. The gruelling narration of the facts leadings to delay in filing the writ petition is that on accrual of the cause of action, after dismissal of his appeal by the appellate authority, the petitioner engaged Shri Vinayak M. Joshi, Advocate and handed over him the file alongwith all relevant material. He also made payment of the full fees and expenses. It i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC375; 1954CriLJ993; (1954)IMLJ702(SC); [1954]1SCR1150
Mukherjea, J.1. This is a petition under article 32 of the Constitution, praying for a writ, in the nature of certiorari, for calling up the records of certain criminal proceedings stated against the petitioner by the Special Judge, Sessions Court, Delhi, and for quashing the same on the ground that these proceedings are without jurisdiction, having been commenced in violation of the fundamental right of the petitioner guaranteed under article 20(2) of the Constitution.2. The petitioner was a member of the Indian Civil Service and till lately was employed as Secretary to the Ministry of Commerce and Industries in the Government of India. Certain imputations of misbehavior by the petitioner, while holding offices of various descriptions under the Government of India, came to the notice of the Central Government of and the latter being satisfied that there were prima facie good grounds for making an enquiry directed a formal and public enquiry to be made as to the truth or falsity of the...
Tag this Judgment!Court : Supreme Court of India
Swatanter Kumar, J.1. Delay condoned in SLP (C) No. 25293 of 2008.2. Leave granted.3. This judgment shall dispose of all the above mentioned appeals as common question of law on somewhat similar facts arise in all the appeals for consideration of this Court.4. The Union of India being aggrieved by the judgment of the High Court of Judicature at Allahabad, Lucknow Bench dated 25th February, 2008 has filed the present appeals under Article 136 of the Constitution of India. The High Court declined to interfere with the Order passed by the Central Administrative Tribunal, Lucknow Bench (hereinafter referred to as 'the Tribunal') wherein the Tribunal, in exercise of its powers under Section 19 of the Central Administrative Tribunal Act had set aside the orders of punishment passed by the Disciplinary Authority and the Appellate Authority. However, the High Court granted liberty to the Disciplinary Authority to conduct the inquiry afresh from the stage of nomination of the inquiry officer.5....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad281
(1) These appeals are directed against the order of Srinivasan J. in W.P. 123 and 124 of 1961 in which the prayers were for the issue of a writ of certiorari and consequent writ of mandamus respectively. The prior facts required for a consideration of these two appeals are briefly the following:The appellant Mrs. Nesamoney Daniel was employed as a teacher in the Government aided Primary School, Pannimade estate, Annamalais. Under the rules issued by the Deputy Inspector of Schools, the appellant in her capacity as a teacher of a primary school, was obliged to take an insurance policy on her life. As instructed by the Life Insurance Corporation, she presented herself for medical examination, to one Dr. K.V. Mathai, M.B.B.S. the third respondent in the two writ petitions, who was at that time employed by the estate, in which the teacher was also employed. Sometime later, she received a communication from the Life Insurance Corporation stating that the report of the third respondent show...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC493; [1960]2SCR569
Shah, J.1. Sardar Kapur Singh (who will hereinafter be referred to as the appellant) was admitted by the Secretary of State for India in Council to the Indian Civil Service upon the result of a competitive examination held at Delhi in 1931. After a period of training in the United Kingdom, the appellant returned to India in November, 1933 and was posted as Assistant Commissioner, Ferozepore in the Province of Punjab. He served in the Province in various capacities between the years 1933 and 1947. In July, 1947, he was posted as Deputy Commissioner at Dharamsala and continued to hold that office till February 11, 1948, when he was transferred to Hoshiarpur at which place he continued to hold the office of Deputy Commissioner till a few days before April 14, 1949. On April 13, 1949, the appellant was served with an order passed by the Government of East Punjab suspending him from service. On May 5, 1950, the appellant submitted a representation to the President of India protesting agains...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC66; 1956CriLJ156; [1955]2SCR955
Bhagwati, J.1. This appeal with certificate under article 134(1)(c) of the Constitution arises out of an application under section 2 of the Contempt of Courts Act (XXXII of 1952) and section 8 of the Public Servants (Inquiries) Act (XXXVII of 1850) read with article 227 of the Constitution filed by the respondent against the appellant in the High Court of Judicature of Patna and raises an important question as to whether the Commissioner appointed under Act XXXVII of 1850 is a Court. 2. The respondent is a Member of the Bihar Civil Service (Executive Branch). The State Government received reports to the effect that the respondent had been guilty of serious misconduct and corrupt practices in the discharge of his official duties while employed as Sub-Divisional Officer at Aurangabad and they accordingly decided that an inquiry into the truth of the various charges against him should be made under the provisions of the Public Servants (Inquiries) Act, 1850 (Act XXXVII of 1850, hereinafte...
Tag this Judgment!Court : Karnataka Dharwad
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.102152 OF2022(S RES) BETWEEN: SRI MALLAYYA KORAVANAVAR S/O CHANNABASAPPA AGED ABOUT47YEARS ASSISTANT DIRECTOR OF AGRICULTURE (M AND E) OFFICE OF JOINT DIRECTOR OF AGRICULTURE GADAG 582 101. ... PETITIONER (BY SRI NITIN RAMESH, ADVOCATE AND SRI LINGESH V.KATTEMANE., ADVOCATE) (VIDEO CONFERENCING) AND:1. . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE4H FLOOR, M.S.BUILDING BENGALURU 560 001. 2 . THE COMMISSIONER OF AGRICULTURE SESHADRI ROAD BENGALURU 560 001. 3 . KARNATAKA LOKAYUKTA2REPRESENTED BY ITS REGISTRAR M.S.BUILDING BENGALURU 560 001. ... RESPONDENTS (BY SRI A.T.KATTIMANI, GOVERNMENT ADVOCATE FOR R1 & R2; SRI ANIL KALE, SPL.PP FOR R3) (VIDEO CONFERENCING) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATU...
Tag this Judgment!Court : Karnataka
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE04H DAY OF JULY, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.531 OF2022BETWEEN: DR.ASHOK V., S/O G.M.VENKATESHAPPA AGED ABOUT42YEARS RESIDING AT RAMA GOVINDAPURA NANDAGUDI POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT PIN 562 122. WORKING AS DISTRICT OFFICER OFFICE OF THE BACKWARD CLASSES WELFARE DEPARTMENT DC BUILDING CHIKKABALLAPURA DISTRICT 562 103. ... PETITIONER (BY SRI SANDESH J.CHOUTA, SR.ADVOCATE A/W SRI M.S.DEVARAJU, ADVOCATE) AND:1. . THE STATE BY HONBLE LOKAYUKTHA OF KARNATAKA M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001. 2 2 . MR. SYED MALIK PASHA S/O LATE SYED DASTAGIR AGED ABOUT36YEARS RESIDING AT NO.5/92 GADWALPET CHINTAMANI 563 125 CHIKKABALLAPUR DISTRICT. ... RESPONDENTS (BY SRI B.B.PATIL, SPL.P.P FOR R-1; R-2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO SET ASIDE / QUASH THE ORDER DATED0712.2021 PASSED BY THE PRL.DISTRICT AND SESSION...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL/CIVIL APPELLATE JURISDICTION WRIT PETITION (CRIMINAL) No.113 OF2016KAUSHAL KISHOR PETITIONER(S) VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENT(S) WITH SPECIAL LEAVE PETITION @ (DIARY) No.34629 OF2017JUDGMENT V. RAMASUBRAMANIAN, J.PRELUDE Said the Tamil PoetPhilosopher Tiruvalluvar of the Tamil Sangam age (31, BCE) in his classic Tirukkural. Emphasizing the importance of sweet speech, he said that the scar left behind by a burn injury may heal, but not the one left behind by an offensive 1 speech. The translation of this verse by G.U. Pope in English reads thus: In flesh by fire inflamed, nature may thoroughly heal the sore; In soul by tongue inflamed, the ulcer healeth never more. A Sanskrit Text contains a piece of advice on what to speak and how to speak. satyam bryt priya bryn na bryt satyam apriyam | priya ca nnta bryd ea dharma santana || The meaning of this verse is: Speak what is true; sp...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No._______OF2022ARISING OUT OF SLP (CRL) No.1568 OF2022VIJAY RAJMOHAN ...APPELLANT(S) VERSUS STATE REPRESENTED BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI, TAMIL NADU ...RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.J.1. Leave Granted.2. Two important questions of law arise for consideration in this appeal. The first question is whether an order of the Appointing Authority granting sanction for prosecution of a public servant under Section 19 of the Prevention of Corruption Act, 19881, would be rendered illegal on the ground of acting as per dictation if it consults the Central Vigilance Commission for its decision. The second question is whether the period of three months (extendable 1 hereinafter referred to as the PC Act. Page 1 of 30 by one more month for legal consultation2) for the Appointing Authority to decide upon a request for sanction is mandatory or not. The further question i...
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