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1 - 10 of 10 (0.20 seconds)The Indian Penal Code, 1860
The Immoral Traffic (Prevention) Act, 1956
Section 4 in The Immoral Traffic (Prevention) Act, 1956 [Entire Act]
Section 5 in The Immoral Traffic (Prevention) Act, 1956 [Entire Act]
Kendriya Vidyalaya Sangathan & Ors vs T.Srinivas on 5 August, 2004
After
quoting from the judgment aforesaid and while
taking into consideration another judgment of the
Supreme Court in Kendriya Vidyalaya Sangathan &
others v T. Srinivas [AIR 2004 SC 4127], it has been
ordered that in all cases where police officers may be
facing criminal proceedings, especially under
Prevention of Corruption Act or where moral
turpitude is involved, departmental proceedings can
also be initiated simultaneously and the same should
not be kept/held in abeyance due to pendency of such
criminal proceedings, even if evidence in both the
proceedings may be the same. The said Standing
Order has been passed in consonance with the settled
law on the situation. However, as mentioned above,
when a subordinate rank may earn a clean acquittal
in criminal proceedings, the order, if has already been
passed in departmental proceedings inflicting the
subordinate with a penalty, shall have to be re-
visited.
The Prevention of Corruption Act, 1988
Sukhdev Singh vs Delhi State (Govt. Of Nct Of Delhi) on 1 September, 2003
In view of the aforesaid facts and law, we are of the view
that the impugned orders are in contradiction to the provisions
of the Rule 12 of Delhi Police (Punishment & Appeal) Rules,
1980 as well as the judgment of Larger Bench of this Tribunal
in the case of Sukhdev Singh (supra). Accordingly, the
impugned orders of penalty deserve to be set aside.
Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999
"31. In our opinion, such facts and evidence in the
department as well as criminal proceedings were the
same without there being any iota of difference, the
appellant should succeed. The distinction which is
usually proved between the departmental and
criminal proceedings on the basis of the approach
and burden of proof would not be applicable in the
instant case. Though finding recorded in the domestic
enquiry was found to be valid by the Courts below,
when there was an honourable acquittal of the
Item No. 28/C-2 12 OA No. 2429/2019
employee during the pendency of the proceedings
challenging the dismissal, the same requires to be
taken note of and the decision in Paul Anthony's case
(supra) will apply. We, therefore, hold that the appeal
filed by the appellant deserves to be allowed."
G.M. Tank vs State Of Gujarat & Anr on 10 May, 2006
Item No. 28/C-2 11 OA No. 2429/2019
In G. M. Tank v State of Gujarat & others [(2006) 5
SCC 446], the Supreme Court while taking the entire
case law into consideration, including its judgment in
Capt.
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