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Jagadish Chandra vs Uco Bank And 3 Ors E on 16 June, 2023

"16. In Alok Kumar this Court considered in great detail, the meaning of the word "authority" occurring in Rule 9(3) and came to find and hold that a retired officer could also be vested with the delegated authority of the disciplinary authority (see paras 26-62) to hold the inquiry. It may also be noted that in Alok Kumar, this Court also considered the decision in Ravi Malik v. National Film Development Corpn. Ltd. and distinguished it by pointing out that it was in the context of Rule 23(b) of the Service Rules and Regulations, 1982 of National Film Development Corporation.
Gauhati High Court Cites 12 - Cited by 0 - D Baruah - Full Document

Union Of India vs Jagdish Chandra Sethy on 18 July, 2023

"45. Reliance placed by the respondents upon the judgment of this Court in Ravi Malik7 is hardly of any assistance to them. Firstly, the facts and the rules falling for consideration before this Court in that case were entirely different. Secondly, the Court was concerned with the expression ‘public servant’ appearing in Rule 23(b) of the Service Rules and Regulations, 1982 of the Film Development Corporation. The Court expressed the view that ‘public servant’ should be understood in its common parlance and a retired officer 5Supra footnote No.4.
Supreme Court - Daily Orders Cites 5 - Cited by 0 - B M Trivedi - Full Document

Omkar S/O Gurusiddappa vs The Divisional Controller Nekrtc on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Ambadas S/O Vasant Rathod vs The Managing Director Nekrtc on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Syed Shabbir Hussain vs The Government Of Karnataka And Ors on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Chandrakanth vs The North East And Ors on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Shankrappa.V vs Karnataka State Road Transport And Anr on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Mohan S/O Basawanappa Dhole vs The North East Karnataka And Ors on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Sidramappa vs The North East And Ors on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document

Karankumar vs The Divisional Controller on 13 July, 2023

NC: 2023:KHC-K:5402 WP No. 207355 of 2017 & Connected Matters a public servant and a retired Civil Judge no longer being a public servant it was that a retired Civil Judge could not be appointed as an Enquiry Officer. Such a restriction is not available in the present fact situation. The sub- regulation (2) of Regulation 23 of C & D Regulations does not require a public servant to be appointed as an Enquiry Officer. Thus, the decision in Ravi Malik's case would also not be applicable to the present case. 22.6. In that view of the matter, I answer Point No.3 by holding that the Road Transport Corporation can appoint retired Judges including Civil Judges, retired District Judges or former Public Prosecutors as Enquiry Officers and the same would not fall foul of sub-regulation (2) of Regulation 23 of C & D Regulations, 1971.
Karnataka High Court Cites 13 - Cited by 0 - S Govindaraj - Full Document
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