Search Results Page
Search Results
1 - 7 of 7 (0.21 seconds)Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
18. In the present matter, from the perusal of the impugned order as
well as appellate order clearly reveals that Disciplinary Authority has also
considered the conduct of the original applicant which has led to his
conviction. Appellate Authority has discussed all the issues in detail.
There was no occasion at this stage to re-assess the plea of alibi by the
Disciplinary Authority under Rule 19 (i) of CCS (CCA) Rules, 1965.
Only requirement is to see the conduct of the employee which lead to his
conviction. Both orders passed by the Disciplinary as well as Appellate
Authority satisfy the test laid down in Tulsi Ram Patel (supra) case.
Shanker Dass vs Union Of India & Anr on 12 March, 1985
6|Page
MANISH KUMAR
SRIVASTAVA
has been in fact convicted, he can also agitate this question in appeal, revision or
review. If he fails in all the departmental remedies and still wants to pursue the
matter, he can invoke the court's power of judicial review subject to the court
permitting it. If the court finds that he was not in fact the person convicted, it will
strike down the impugned order and order him to be reinstated in service. Where the
court finds that the penalty imposed by the impugned order is arbitrary or grossly
excessive or out of all proportion to the offence committed or not warranted by the
facts and circumstances of the case or the requirements of that particular
government service the court will also strike down the impugned order. Thus, in
Shankar Dass v. Union of India and another, [1985] 2 S.C.C. 358, this Court set
aside the impugned order of penalty on the ground that the penalty of dismissal
from service imposed upon the appellant was whimsical and ordered his
reinstatement in service with full back wages. It is, however, not necessary that the
Court should always order reinstatement. The Court can instead substitute a penalty
which in its opinion would be just and proper in the circumstances of the case".
Section 149 in The Indian Penal Code, 1860 [Entire Act]
1