Back
HEMANT GUPTA, SUJOY PAUL, SUBODH ABHYANKAR
Ram Sewak Mishra – Appellant
Versus
State of M. P. – Respondent
Gupta, C.J. -- 1. The matter has been placed before this Bench in view of the reference made by the learned Single Judge of this Court doubting the correctness of an order passed by Single Bench of this Court in the case of Dau Ram Maheshwar v. State of M.P. and another, reported as [2017(1) MPLJ 640]. The learned Single Bench has framed the following questions :-
“(I) Whether a show cause notice/opportunity of hearing is required to be given to the Retired Government Servant who is convicted of a serious crime by the Court of law?
(II) Whether the view taken in Dau Ram Maheshwar’s case (supra), is correct in view of rule 8 of the Pension Rules?
2. The facts as are necessary for examining the question posed are that the Petitioner was convicted in a criminal case under section 7 of the Prevention of Corruption Act, 1988. The petitioner filed an appeal against his conviction which is pending before this Court, wherein there is order of suspension of sentence. The petitioner attained the age of superannuation on 31.12.2004 and was granted anticipatory pension on 31.3.2005 by the Collector. The entire pension has been withheld under rule 8 of the Civil Services (Pension) Ru
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
