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C. S. DIAS
X – Appellant
Versus
Union Of India Through The Cabinet Secretary, Cabinet Secretariat, South Block, Rashtrapati Bhavan, New Delhi – Respondent
JUDGMENT :
C.S.Dias, J.
In 2017, the petitioner’s two minor daughters died under suspicious circumstances. Though a criminal case was registered, the investigation was flawed. A few persons were arraigned as accused in the crime for committing the offences under the Protection of Children from Sexual Offences Act (POCSO Act) the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and offences under the Indian Penal Code. However, the accused were acquitted in the crime. In an appeal filed against the order of acquittal, this Court found serious illegalities in the investigation and trial and consequentially ordered a re-trial. During the re-trial, the Central Bureau of Investigation (CBI) took over the investigation. Without conducting a proper investigation, the CBI filed a perfunctory charge sheet. The Trial Court refused to accept the charge sheet and ordered further investigation. The subsequent events that transpired have led to the conclusion of the murder of the petitioner’s daughters. Now, the CBI is conducting the investigation into the homicidal angle. The 5th respondent was the first Investigating Officer. The petitioner challenges the Integrity Certificate
The issuance of integrity certificates must be based on a thorough examination of the officer's conduct and pending legal matters, with judicial review limited to cases of mala fides or serious proce....
The integrity certificate issuance is a procedural matter and does not preclude independent assessment by the Selection Committee regarding an officer's suitability for promotion.
The issuance of an integrity certificate is procedural, and the Selection Committee must independently assess an officer's integrity.
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
Promotion to selection posts must be based on merit rather than seniority; the government is not obliged to promote an officer if deemed unsuitable.
The sufficiency of evidence in disciplinary proceedings is beyond the scope of judicial review, and the competent authorities have the discretion to determine the sufficiency of evidence. The distinc....
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