Legal Reference Library

High Court of Punjab and Haryana Praneet v. State of Punjab and Ors. MANU/PH/0142/2017 24.03.2017 Service Court can interfere with departmental authority’s decision, if inquiry is not conducted in a fair manner by following rules of natural justice Ratio: Inquiry has to be conducted in a fair manner by following rules of natural justice Instant writ petition has been preferred seeking to challenge findings of inquiry report and for writ in nature of certiorari to quash impugned order by which punishment of stoppage of one increment with cumulative effect has been imposed by Respondent No. 1. On basis of irregularities in voter list pertaining to village Mubarak which includes delay in sending record to office of State Election Commission, amongst another charge, Petitioner was served with a Memo. Petitioner submitted a detailed reply and brought factual aspect of matter to notice of authorities. Thereafter, a charge sheet was issued to the Petitioner at instance of State ...

In Laliteshwar Prasad Singh Vs. S.P. Srivastava (D) thr. Lrs., an appeal arose before the Hon'ble Supreme Court of India out of the judgment of High Court of Patna in First Appeal reversing the judgment of the trial court. The Hon'ble Supreme Court set aside the impugned judgment of the High Court and remitted the matter back to the High Court for consideration of the matter afresh and held that it is well settled that the first appellate court shall state the points for determination, the decision thereon and the reasons for decision. However, it is equally well settled that mere omission to frame point/points for determination does not vitiate the judgment of the first appellate court provided that the first appellate court records its reasons based on evidence adduced by both the parties. An appellate court is the final court of facts. The judgment of the appellate court must therefore reflect court’s application of mind and record its findings supported by reasons. The ...