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Documents citing Reserve Bank Of India vs Bhopal Singh Panchal on 3 November, 1993

Babubhai Ishwarlal Patel vs Pachchim Gujarat Vij Co. Ltd. & 3 on 1 September, 2016

Referring to the judgment of this   Court   in   Management   of   Reserve   Bank   of   India,   New   Delhi   v.   Bhopal   Singh   Panchal   [(1994)   1   SCC   541],   where   in   somewhat   similar   fact   situation,  this   Court  upheld  a bank's  action   of  refusing   to  reinstate  an   employee   in   service   on   the   ground   that   in   the   criminal   case   he   was   acquitted   by  giving   him  benefit   of  doubt   and,   therefore,   it  was   not   an   honourable acquittal, this Court held that the High Court was not justified   in setting aside the punishment imposed in departmental proceedings. This   Court  observed  that  the  expressions  'honourable  acquittal',  'acquitted  of   blame' and 'fully exonerated' are unknown to the Criminal Procedure Code   or   the   Penal   Code.   They   are   coined   by   judicial   pronouncements.   It   is   difficult to define what is meant by the expression 'honourably acquitted'.   This   Court   expressed   that   when   the   accused   is   acquitted   after   full   consideration  of prosecution  case  and  the  prosecution  miserably fails to   prove the charges levelled against the accused, it can possibly be said that   the  accused  was  honourably  acquitted.  In light of above,  we  are  of the   opinion   that   since   the   purpose   of   departmental   proceedings   is   to   keep   persons, who are guilty of serious misconduct or dereliction of duty or who   are   guilty   of   grave   cases   of   moral   turpitude,   out   of   the   department,   if   found   necessary,   because   they   pollute  the   department,   surely  the   above   principles will apply with more vigour at the point of entry of a person in   the police department i.e. at the time of recruitment. If it is found by the   Screening   Committee   that   the   person   against   whom   a   serious   case   involving moral turpitude is registered is discharged on technical grounds   or is acquitted of the same charge but the acquittal is not honourable, the   Screening Committee would be entitled to cancel his candidature. Stricter   norms need to be applied while appointing persons in a disciplinary force   because public interest is involved in it."
Gujarat High Court Cites 44 - Cited by 3 - J B Pardiwala - Full Document

E.Kalivarathan vs The State Rep. By on 23 December, 2014

In the context of service law jurisprudence, if the petitioner seeks employment, it is for the appointing authority to consider the judgment of the trial court in its entirety and to find whether the acquittal is honourable or not for the purpose of employment in the light of the judgment of the Hon'ble Supreme Court in Management of Reserve Bank of India v. Bhopal Singh Panchal [1994 (1) SCC 541].
Madras High Court Cites 40 - Cited by 7 - Full Document

Bhalchandra Lakshmishankar Dave vs State Of Gujarat & on 24 August, 2016

Referring to the judgment of this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal [(1994) 1 SCC 541], where in somewhat similar fact situation, this Court upheld a bank's action of refusing to reinstate an employee in service on the ground that in the criminal case he was acquitted by giving him benefit of doubt and, therefore, it was not an honourable acquittal, this Court held that the High Court was not justified in setting aside the punishment imposed in departmental proceedings. This Court observed that the expressions 'honourable acquittal', 'acquitted of blame' and 'fully exonerated' are unknown to the Criminal Procedure Code or the Penal Code. They are coined by judicial pronouncements. It is difficult to define what is meant by the expression 'honourably acquitted'. This Court expressed that when the accused is acquitted after full consideration of prosecution case and the prosecution miserably fails to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted. In light of above, we are of the opinion that since the purpose of departmental proceedings is to keep persons, who are guilty of serious misconduct or dereliction of duty or who are guilty of grave cases of moral turpitude, out of the department, if found necessary, because they pollute the department, surely the above principles will apply with more vigour at the point of entry of a person in the police department i.e. at the time of Page 51 of 54 HC-NIC Page 51 of 54 Created On Sat Aug 27 06:23:17 IST 2016 C/SCA/15902/2015 CAV JUDGMENT recruitment. If it is found by the Screening Committee that the person against whom a serious case involving moral turpitude is registered is discharged on technical grounds or is acquitted of the same charge but the acquittal is not honourable, the Screening Committee would be entitled to cancel his candidature. Stricter norms need to be applied while appointing persons in a disciplinary force because public interest is involved in it."
Gujarat High Court Cites 41 - Cited by 0 - J B Pardiwala - Full Document

Babubhai Ishwarlal Patel vs Pachchim Gujarat Vij Co. Ltd. & 3 on 3 August, 2016

Referring to the judgment of this   Court   in   Management   of   Reserve   Bank   of   India,   New   Delhi   v.   Bhopal   Singh   Panchal   [(1994)   1   SCC   541],   where   in   somewhat   similar   fact   situation,  this   Court  upheld  a bank's  action   of  refusing   to  reinstate  an   employee   in   service   on   the   ground   that   in   the   criminal   case   he   was   acquitted   by  giving   him  benefit   of  doubt   and,   therefore,   it  was   not   an   honourable acquittal, this Court held that the High Court was not justified   in setting aside the punishment imposed in departmental proceedings. This   Court  observed  that  the  expressions  'honourable  acquittal',  'acquitted  of   blame' and 'fully exonerated' are unknown to the Criminal Procedure Code   or   the   Penal   Code.   They   are   coined   by   judicial   pronouncements.   It   is   difficult to define what is meant by the expression 'honourably acquitted'.   This   Court   expressed   that   when   the   accused   is   acquitted   after   full   consideration  of prosecution  case  and  the  prosecution  miserably fails to   prove the charges levelled against the accused, it can possibly be said that   the  accused  was  honourably  acquitted.  In light of above,  we  are  of the   opinion   that   since   the   purpose   of   departmental   proceedings   is   to   keep   persons, who are guilty of serious misconduct or dereliction of duty or who   are   guilty   of   grave   cases   of   moral   turpitude,   out   of   the   department,   if   found   necessary,   because   they   pollute  the   department,   surely  the   above   principles will apply with more vigour at the point of entry of a person in   the police department i.e. at the time of recruitment. If it is found by the   Screening   Committee   that   the   person   against   whom   a   serious   case   involving moral turpitude is registered is discharged on technical grounds   or is acquitted of the same charge but the acquittal is not honourable, the   Screening Committee would be entitled to cancel his candidature. Stricter   norms need to be applied while appointing persons in a disciplinary force   because public interest is involved in it."
Gujarat High Court Cites 44 - Cited by 0 - J B Pardiwala - Full Document

V.Kesavan vs The State on 25 January, 2016

In the context of service law jurisprudence, if the petitioner seeks employment, it is for the appointing authority to consider the judgment of the trial court in its entirety and to find whether the acquittal is honourable or not for the purpose of employment in the light of the judgment of the Hon'ble Supreme Court in Management of Reserve Bank of India v. Bhopal Singh Panchal, [1994 (1) SCC 541]. This Criminal Revision is allowed. The judgment of acquittal of the Court below on the ground that the prosecution had failed to prove its case is converted into one of acquittal simpliciter. In the event of this petitioner seeking employment, it will be for the appointing authority to consider the judgment of the trial Court. To reiterate, in the event of the petitioner seeking employment, it is for the appointing authority to consider the judgment of the trial Court in its entirety and to find whether the acquittal is honourable or not for the purpose of employment in the light of the judgment of the Hon'ble Supreme Court in Management of Reserve Bank of India Vbhopa Singh Panchal [1994 (1) SCC 541].
Madras High Court Cites 10 - Cited by 0 - C T Selvam - Full Document

M.Kumaran vs The Inspector Of Police on 5 March, 2021

In any event, assuming without admitting that there is some confusion in the understanding of the 10/14 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.115 of 2021 language by which the Explanation has been stated, that issue can however be appropriately addressed by the Government by suitably amending the Tamil Nadu Special Police Subordinate Service Rule, on the lines of the Delhi Police Rules and its Standing Order No.398/2010, which is reproduced in Paragraph 20 of the judgment in Mehar Singh's case (Supra).
Madras High Court Cites 8 - Cited by 0 - P Velmurugan - Full Document

M.Kumaran vs The Inspector Of Police on 5 March, 2021

In any event, assuming without admitting that there is some confusion in the understanding of the 10/14 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.115 of 2021 language by which the Explanation has been stated, that issue can however be appropriately addressed by the Government by suitably amending the Tamil Nadu Special Police Subordinate Service Rule, on the lines of the Delhi Police Rules and its Standing Order No.398/2010, which is reproduced in Paragraph 20 of the judgment in Mehar Singh's case (Supra).
Madras High Court Cites 8 - Cited by 0 - P Velmurugan - Full Document

A.Kanimozhi vs The State Rep. By on 25 January, 2016

In the context of service law jurisprudence, if the petitioner seeks employment, it is for the appointing authority to consider the judgment of the trial court in its entirety and to find whether the acquittal is honourable or not for the purpose of employment in the light of the judgment of the Hon'ble Supreme Court in Management of Reserve Bank of India v. Bhopal Singh Panchal, [1994 (1) SCC 541]. This Criminal Revision is allowed. The judgment of acquittal of the Court below on the ground that the prosecution had failed to prove its case is converted into one of acquittal simpliciter. In the event of the petitioner seeking employment, it is for the appointing authority to consider the judgment of the trial Court in its entirety and to decide whether the acquittal C.T. SELVAM J., vsm is honourable or not for the purpose of employment in the light of the judgment of the Hon'ble Supreme Court in Management of Reserve Bank of India Vbhopa Singh Panchal [1994 (1) SCC 541].
Madras High Court Cites 8 - Cited by 0 - C T Selvam - Full Document

Nanhey Lal Sharma vs State Of U.P. And Others on 21 January, 2014

24. The meaning of the expression "honourable acquittal' came up for consideration before this Court in Reserve Bank of India, New Delhi v. Bhopal Singh Panchal, (1994) 1 SCC 541. In that case, this Court has considered the impact of Regulation 46 (4) dealing with honourable acquittal by a criminal Court on the disciplinary proceedings. In that context, this Court held that the mere acquittal does not entitle an employee to reinstatement in service, the acquittal, it was held, has to be honourable. The expressions "honourable', "acquitted of blame', "fully exonerated' are unknown to the Code of Criminal Procedure or the Penal Code, which are coined by judicial pronouncements. It is difficult to define precisely what is meant by the expression "honourably acquitted'. When the accused is acquitted after full consideration of prosecution evidence and that the prosecution had miserably failed to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted.
Allahabad High Court Cites 10 - Cited by 0 - R Kumar - Full Document
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