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Criminal law

MANIK MADHUKAR SARVE & ORS. versus VITTHAL DAMUJI MEHER & ORS.

The Single Judge of the High Court erred in granting bail to respondent no.1 because the charge-sheet and forensic audit disclosed material indicating respondent's involvement in withdrawals far exceeding his investments and a money trail to properties in relatives' names; the High Court failed to apply the correct principles and to impose strict conditions appropriate to an economic offence affecting many depositors, therefore the bail order under Section 439(1) CrPC was set aside and respondent no.1 was directed to surrender within three weeks.

Source excerpt

  • Bail
  • Cancellation of bail
  • Misappropriation of funds
  • Conspiracy
  • Tampering with evidence
  • Supervening circumstances
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Service law

DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND OTHERS versus AJAI KUMAR SRIVASTAVA

Although the disciplinary authority erred in procedure by recording disagreement on Charge No.1 without first recording reasons and calling for the delinquent's explanation (violating natural justice as to that charge), Charges Nos.2-7 were proved by the enquiry officer, confirmed by disciplinary and appellate authorities, are severable from Charge No.1 and suffice to establish grave delinquency; therefore the High Court erred in setting aside the dismissal and the appeals are allowed restoring the disciplinary/appellate orders.

Source excerpt

  • Departmental enquiry
  • Misappropriation of funds
  • Dismissal from service
  • Natural justice
  • Scope of judicial review
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Service law

STATE OF TAMIL NADU & ANR. versus M. MANGAYARKARASI AND ETC.

High Court erred in applying parity in disciplinary punishment when the gravity of misconduct and amount involved for the respondents was substantially higher than other employees. Judicial review may not substitute penalty unless found to be shockingly disproportionate; penalty discretion is employer’s domain unless criteria met.

Source excerpt

  • Removal from service
  • Misappropriation of funds
  • Disciplinary proceedings
  • Judicial review
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Criminal law

RAM LAL versus STATE OF HIMACHAL PRADESH

The trial court and High Court found appellant’s confessional statements to senior bank officers were made voluntarily and could form the basis for conviction. Extra-judicial confession, though a weak piece of evidence, is sufficient for conviction if voluntary and corroborated by other evidence. Therefore, conviction under Prevention of Corruption Act and IPC is sustained.

Source excerpt

  • Extra-judicial confession
  • Misappropriation of funds
  • Banking fraud
  • Conviction under prevention of corruption act
  • Conviction under indian penal code
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Service law

DIWAN SINGH versus LIFE INSURANCE CORPORATION OF INDIA AND OTHERS

Punishment of compulsory retirement for misappropriation and forgery is not harsh or disproportionate given the nature of the charges and the need for loss of confidence in service matters; courts should not show sympathy in such cases.

Source excerpt

  • Compulsory retirement
  • Misappropriation of funds
  • Punishment for corruption
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Service law

S.B.I versus HEMANT KUMAR

The Supreme Court held that both reasons assigned by the Tribunal for striking down the departmental enquiry—failure to verify adjournment application and denial of an opportunity to lead rebuttal evidence—were wholly unreasonable. The respondent’s multiple admissions of guilt and lack of appearance did not amount to procedural unfairness that would vitiate the enquiry. The order of reinstatement was unsustainable and accordingly set aside.

Source excerpt

  • Disciplinary proceedings
  • Principles of natural justice
  • Misappropriation of funds
  • Domestic enquiry
  • Employee dismissal
  • Reinstatement
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Service law

STATE BANK OF INDIA AND ORS. versus S.N. GOYAL

The order of removal from service imposed on the respondent was not based on any extraneous directions from the Chief Vigilance Officer but on independent reconsideration of penalty. The original tentative order was not finalized nor communicated, so the Appointing Authority was not functus officio. The decision to impose removal was valid; the suit for reinstatement was maintainable due to statutory rules, but on facts, no reinstatement is warranted, and the request for leniency is rejected.

Source excerpt

  • Misappropriation of funds
  • Bank employee discipline
  • Master-servant relationship
  • Contract of personal service
  • Second appeals
  • Substantial questions of law
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Labour law

UTTARANCHAL TRANSPORT CORPORATION versus SANJAY KUMAR NAUTIYAL

Bus conductors act in fiduciary capacity and hold posts of trust; proven acts of misappropriation and breach warrant removal from service regardless of amount involved. The Labour Court and High Court erred in interfering and imposing lesser penalty.

Source excerpt

  • Dismissal for gross misconduct
  • Breach of trust
  • Misappropriation of funds
  • Disproportionate punishment
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Labour law

STATE ROAD TRANSPORT CORPORATION versus VINOD KUMAR

Since respondent did not challenge correctness or legality of inquiry, Labour Court was not open to revisit findings of misconduct. Removal/dismissal is appropriate punishment for misappropriation and courts should not reduce punishment based on misplaced sympathy.

Source excerpt

  • Misappropriation of funds
  • Disciplinary proceedings
  • Quantum of punishment
  • Reinstatement
  • Back wages
  • Dismissal/removal from service
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Service law

SURESH PATHRELLA versus ORIENTAL BANK OF COMMERCE

The appellant acted beyond authority and breached bank regulations, resulting in a loss of confidence. As no violation of natural justice or malafide was proven, judicial review and reinstatement are not warranted. Acquittal in the criminal case does not negate disciplinary findings due to differing standards of proof.

Source excerpt

  • Termination of employment
  • Misappropriation of funds
  • Disciplinary proceedings
  • Judicial review
  • Principles of natural justice
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.