Court : Jharkhand
Decided on : Sep-08-2016
..... , it cannot be treated as an error apparent on the face of the record for the purpose of order 47 rule 1 cpc or section 22(3)(f) of the act. to put it differently an order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have ..... favourable verdict. 35. in state of w.b. v. kamal sengupta, the court considered the question whether a tribunal established under the administrative tribunals act, 1985 can review its decision, referred to section 22(3) of that act, some of the judicial precedents and observed: (scc p. 633, paras 21-22) 21. at this stage it is apposite to observe that where .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-08-2016
..... found murdered, presumption would be there that it was the appellant who committed murder and the burden was there upon the appellant in terms of section 106 of the evidence act to explain the circumstance as to how she was killed, but the appellant- ali bux mian has not stated anything in his statement made under section 313 cr.p.c .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-01-2016
..... these aspects do not appear to have been kept in view by the high court. 22. in the present case the appellant acted beyond his authority in breach of the bank's regulation. regulation 3(1) of the bank's regulations required that every officer of the bank at all times takes all ..... government servant on the ground of conduct which has led to his conviction on a criminal charge. but the right to impose a penalty carries with it the duty to act justly. considering the facts of this case, there can be no two opinions that the penalty of dismissal form service imposed upon the appellant is whimsical. by referring the ..... authority. the very discipline of any organisation more particularly a bank is dependent upon each of its officers and officers acting and operating within their allotted sphere. acting beyond one's authority is by itself a breach of discipline and is a misconduct. the charges against the employee were not casual in nature and were serious. .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-19-2016
..... service conditions are subject to the university act, statutes, ordinance, rules and regulations applicable from time to time as mentioned in clause- 9 of the appointment letter, therefore, whatever may be the nomenclature ..... were appointed in the year 2011 in pursuance to advertisement by the respondents-university and the appointments of the petitioners were subject to the central university act, 2009 and statute and other rules applicable to the university. though the word probation of two years exists in clause-7 but the appointment and ..... joining reports and all the appointments were made against the sanctioned posts by the u.g.c., and the appointment of the petitioners was subjected to university act, statutes, ordinance, rules and regulations applicable from time to time. on perusal of the appointment letter, it is apparent that the petitioners appointments were on .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-19-2016
..... service conditions are subject to the university act, statutes, ordinance, rules and regulations applicable from time to time as mentioned in clause- 9 of the appointment letter, therefore, whatever may be the nomenclature ..... were appointed in the year 2011 in pursuance to advertisement by the respondents-university and the appointments of the petitioners were subject to the central university act, 2009 and statute and other rules applicable to the university. though the word probation of two years exists in clause-7 but the appointment and ..... joining reports and all the appointments were made against the sanctioned posts by the u.g.c., and the appointment of the petitioners was subjected to university act, statutes, ordinance, rules and regulations applicable from time to time. on perusal of the appointment letter, it is apparent that the petitioners appointments were on .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-19-2016
..... service conditions are subject to the university act, statutes, ordinance, rules and regulations applicable from time to time as mentioned in clause- 9 of the appointment letter, therefore, whatever may be the nomenclature ..... were appointed in the year 2011 in pursuance to advertisement by the respondents-university and the appointments of the petitioners were subject to the central university act, 2009 and statute and other rules applicable to the university. though the word probation of two years exists in clause-7 but the appointment and ..... joining reports and all the appointments were made against the sanctioned posts by the u.g.c., and the appointment of the petitioners was subjected to university act, statutes, ordinance, rules and regulations applicable from time to time. on perusal of the appointment letter, it is apparent that the petitioners appointments were on .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-19-2016
..... service conditions are subject to the university act, statutes, ordinance, rules and regulations applicable from time to time as mentioned in clause- 9 of the appointment letter, therefore, whatever may be the nomenclature ..... were appointed in the year 2011 in pursuance to advertisement by the respondents-university and the appointments of the petitioners were subject to the central university act, 2009 and statute and other rules applicable to the university. though the word probation of two years exists in clause-7 but the appointment and ..... joining reports and all the appointments were made against the sanctioned posts by the u.g.c., and the appointment of the petitioners was subjected to university act, statutes, ordinance, rules and regulations applicable from time to time. on perusal of the appointment letter, it is apparent that the petitioners appointments were on .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-16-2016
..... , this version of the petitioner carries no force as in the criminal proceedings, the ingredients are looked as per the provisions of i.p.c and as per the evidence act, whereas in the departmental proceedings preponderance of probability is looked into. as regards charge no. 3, the petitioner has been found repeating misconduct time and again, for which, he was .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-18-2016
..... no evidence . the evidence led against the petitioner connect him with the charges framed against him. it is not a case of mere probability of the petitioner involved in an act amounting to misconduct.12. in narinder mohan arya vs. united india insurance co. ltd. reported in (2006) 4 scc713 the hon'ble supreme court has observed that the writ court ..... bihar reported in (2010) 4 scc653 the hon'ble supreme court has observed; this court will always rely upon section 114 illustration (e) of the evidence act to draw a statutory presumption that the official acts are regularly performed and if satisfied that the action in question is traceable to a statutory power, the courts will uphold such state action.21. the .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-29-2016
..... cable piece, by the post commander no. 88446012 si/exe. a n sallal at about 1015 hrs. which amounts to gross misconduct within the meaning of section 18 of cisf act 1968. article of charge no.iii that, no.8417284 const. k s mishra is a habitual offender in that he was negligence towards duties and involvement in malpractices in his ..... checked by no.88446012 si/exe. a n sallal, post commander, turemdih project, which amounts to cross misconduct and dereliction of duty within the meaning of section 18 of cisf act 1968. article of charge no.ii that, no.8417284 const. k s mishra leaving his place of duty, stores and steel yard duty post, on 23.12.92 came to .....
Tag this Judgment!