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1 - 10 of 15 (0.26 seconds)Section 3 in The Representation Of The People Act, 1950 [Entire Act]
Article 309 in Constitution of India [Constitution]
Article 148 in Constitution of India [Constitution]
Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
The Representation Of The People Act, 1950
Antitrust - Section 26(2) Disclaimer: ... vs Shri Sushil Ansal And Shri Pranav Ansal, ... on 23 December, 2014
2. The brief facts of the case are that applicant superannuated
w.e.f. 31.08.2023 as DSK-III C.B.J Scrap Depot Izzatnagar, Bareilly.
While posted as DSK-III in C.B.J Scrap Depot Izzatnagar, Bareilly,
two complaints were made against the applicant, which were
registered as Case No. 1685 of 2002 State Vs. Rajendra Yadav and
others under sections 3 U.P (R.P) Act, P.S. RPF Post N.E.R.
Izzatnagar, Bareilly and another case No. 1686 of 2002 State Vs.
Irfan and others U/s 3 U.P (R.P) Act, P.S. RPF Post N.E.R.
Izzatnagar, Bareilly. Against the cognizance and summoning order
dated 26.09.2002 in case NO. 1686 of 2002, the applicant preferred a
criminal revision No. 661 of 2002, which was allowed by the
Additional District and Session Judge Court NO.2 Bareilly vide order
dated 12.07.2005 and summoning order was quashed. Likewise,
applicant preferred a criminal revision No. 662 of 2002 against the
summoning order dated 26.09.2002 which was allowed by the
Additional District and Session Judge Court NO.2 Bareilly vide order
dated 12.07.2005 and summoning order was quashed. Against the
order of revisional court, State of UP preferred criminal revision
before the Hon'ble High Court, Allahabad being Criminal Revision
Defective No. 387 of 2006, which is pending before the Hon'ble
High Court and till date, defect has not been removed.
State Of U.P. vs Irfan And Others on 2 September, 2013
2. The brief facts of the case are that applicant superannuated
w.e.f. 31.08.2023 as DSK-III C.B.J Scrap Depot Izzatnagar, Bareilly.
While posted as DSK-III in C.B.J Scrap Depot Izzatnagar, Bareilly,
two complaints were made against the applicant, which were
registered as Case No. 1685 of 2002 State Vs. Rajendra Yadav and
others under sections 3 U.P (R.P) Act, P.S. RPF Post N.E.R.
Izzatnagar, Bareilly and another case No. 1686 of 2002 State Vs.
Irfan and others U/s 3 U.P (R.P) Act, P.S. RPF Post N.E.R.
Izzatnagar, Bareilly. Against the cognizance and summoning order
dated 26.09.2002 in case NO. 1686 of 2002, the applicant preferred a
criminal revision No. 661 of 2002, which was allowed by the
Additional District and Session Judge Court NO.2 Bareilly vide order
dated 12.07.2005 and summoning order was quashed. Likewise,
applicant preferred a criminal revision No. 662 of 2002 against the
summoning order dated 26.09.2002 which was allowed by the
Additional District and Session Judge Court NO.2 Bareilly vide order
dated 12.07.2005 and summoning order was quashed. Against the
order of revisional court, State of UP preferred criminal revision
before the Hon'ble High Court, Allahabad being Criminal Revision
Defective No. 387 of 2006, which is pending before the Hon'ble
High Court and till date, defect has not been removed.
State Of Jharkhand & Ors vs Jitendra Kumar Srivastava & Anr on 14 August, 2013
19. Considering the view expressed by Hon'ble Apex Court in the
case of D.S. Nakara (supra), Jitendra Kumar Srivastava (supra),
and provision of Section 4 (1) and (6) of Payment of Gratuity Act,
1972, we are of the definite opinion that gratuity or pension cannot be
withheld on the aforesaid ground. It is an admitted fact that in the
instant case, criminal proceedings pending against the applicant had
nothing to do with his official duties. Neither any disciplinary
proceeding is pending against him nor any loss has been caused to the
department by the applicant.
D.S. Nakara & Others vs Union Of India on 17 December, 1982
19. Considering the view expressed by Hon'ble Apex Court in the
case of D.S. Nakara (supra), Jitendra Kumar Srivastava (supra),
and provision of Section 4 (1) and (6) of Payment of Gratuity Act,
1972, we are of the definite opinion that gratuity or pension cannot be
withheld on the aforesaid ground. It is an admitted fact that in the
instant case, criminal proceedings pending against the applicant had
nothing to do with his official duties. Neither any disciplinary
proceeding is pending against him nor any loss has been caused to the
department by the applicant.