LawforAll

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Thursday, July 28, 2011

The reasons given by the Tribunal in its order are that the prosecution has failed to prove the case beyond reasonable doubt about the demand and acceptance of the bribe and the criminal court has acquitted the respondent and it was open for the authorities to proceed against the respondent departmentally, but no such departmental proceedings were initiated to prove the misconduct of the respondent. The approach of the Tribunal, in our considered opinion, was not correct. Sub-rule (3) of F.R. 54-B does not state that in

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                                                           Reportable               IN THE SUPREME COURT OF INDIA                 C...

"Once an officer has to his credit the minimum period of qualifying service, he earns a right to get pension and as the Regulations stand that right to get pension can be taken only if an order is passed under Regulations 3 or 16." 13. The aforesaid authorities would show that the Court will have to construe the statutory provisions in each case to find out whether the termination of service of an employee was a termination by way of resignation or a termination by way of voluntary retirement and while construing the statutory

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                                                                 Reportable                 IN THE SUPREME COURT OF INDIA           ...

except in exceptional cases having sufficient evidence, no court should order go beyond the scope of the case =It is not in dispute that the only question before the learned single Judge was related to the demand notice issued by the Board. No doubt, the petitioner therein has made certain statements against the officials of the Board, however, there is no specific complaint either by the writ petitioner or anyone pointing mismanagement in the affairs of the Board. If there is any specific complaint giving all the details, undoubtedly, the Court can forward it to the forum concerned for investigation and further action pursuant to the outcome of the same. Merely on the basis of certain observations in the orders of the High Court in other matters which were either set aside or modified or not applicable to the case on hand, the learned single Judge was not justified in issuing directions for Vigilance inquiry. The direction also proceeds as if that the officials of the Board benefited with the huge amount without basing reliable and acceptable materials. Normally, the 11

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                                                            REPORTABLE                 IN THE SUPREME COURT OF INDIA                ...