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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY BHANOT
Anand Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
AJAY BHANOT, J.
1. The judgement is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction |
| II | Facts |
| III | Submissions of learned counsel for the parties |
| IV | Legal Issue |
| V | Cases in Point |
| A. Pre Paul Anthony | |
| B. Paul Anthony | |
| C. Post Paul Anthony | |
| VI | Criminal trials and departmental enquiry : General Observations |
| VII | Analysis of facts |
| VIII | Findings and Conclusions |
I. Introduction
2. The petitioner has assailed the order of suspension dated 19.12.2024 as well as the disciplinary proceedings initiated against him by the respondent authorities.
II. Facts
3. The petitioner is working as Assistant-Grade III in India Government Mint, NOIDA. According to the respondents the petitioner was caught while attempting to steal 13 coins of Rs. 20 denomination on 19.12.2024 by the security personnel of the CISF who was on duty at the relevant point in time. For the aforesaid act of attempted theft an FIR was lodged by one Harpal Singh, Assistant Sub Inspector, CISF which came to be registered as Case Crime No. 0561 of 2024 at Police Station- Phase I, NOIDA on 20.12.2024 at 2.02 AM.
4. The investigation has concluded and the chargesheet has been filed before the trial court
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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