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M.Poomari vs Life Insurance Corporatin Of India] Had ... on 13 August, 2025

In yet another judgment, the Hon'ble Supreme Court in 2015 (2) SCC 341 [Diwan Singh Vs. Life Insurance Corporation of India and others], had held that it is not the amount of money misappropriated but it is the loss of confidence. For all these reasons, he contended that no interference is warranted to the well considered order of the writ Court and prays for dismissal of the writ appeal.
Madras High Court Cites 2 - Cited by 0 - Full Document

Hemant Kumar Jain vs Narmada Jhabua Gramin Bank on 17 February, 2016

6. It is a well settled proposition of law that even if a person stands acquitted by a criminal Court, the domestic enquiry can be held, since standards of proof required in a domestic enquiry and criminal case are different. Learned Writ Court also considered the judgment of the Apex Court in the case of Diwan Singh v. Life Insurance Corporation of India and others reported in (2015) 2 SCC 341 and Divisional Controller, Karnataka State Transport Corporation v. M.G. Vittal Rao reported in (2012) 1 SCC 442 and observed that as the appellant was involved in misappropriation of funds of which he was the custodian, no case for interference with the impugned order of punishment is made out. It is also observed that the appellant was dismissed from service on 31.03.2006, and therefore, as the criminal case has been decided subsequently, the question of granting any benefit to the appellant pursuant to his acquittal in the criminal case, in the peculiar facts and circumstances of the case, does not arise.
Madhya Pradesh High Court Cites 4 - Cited by 0 - Full Document

Dd vs Union Of India & Ors on 11 March, 2016

The facts in the Diwan Singh (supra) appear to be that the order of removal from service was set aside in a writ petition. On appeal preferred the appeal was partly allowed by substituting the punishment of removal from service with compulsory retirement. The appeal preferred before the Supreme Court was on the ground of proportionality of such punishment of compulsory retirement. The said Court while dealing with the appeal took note of the submission of learned counsel for the respondents that on earlier occasion the appellant was awarded minor punishment for his misconduct regarding defalcation of stamps and he had been found guilty for the second time. On those facts the said Court was of the following view taken in paragraph 7 of the said judgment.:-
Calcutta High Court (Appellete Side) Cites 5 - Cited by 0 - A Sinha - Full Document

The Superintendent Of Post Offices vs H B Shivanna on 16 March, 2018

The Hon'ble Apex Court in the case of Diwan Singh Vs. LIC of India and Others reported in (2015)2 SCC 341, has held that the loss of confidence is the primary factor to be taken into consideration and not the amount of money misappropriated and sympathy or generosity in such cases is impermissible. Therefore, in the circumstances of the case, the impugned order is in contravention of the settled position of law and it suffers from legal and factual infirmities. Therefore, the CGIT has erred in allowing the claim of the respondent/employee.
Karnataka High Court Cites 7 - Cited by 0 - L N Swamy - Full Document
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