Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
3 years, 6 months ago

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court

Live Law  

The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives. The question that came up in the Court was whether a public servant, who acts as quasi judicial authority under a statute, can be held criminally liable under the Act for passing a wrong order. Considering the aforementioned aspects, it was held that: "Merely because the order is wrong, it does not warrant initiation of criminal proceedings against the public servant, unless he was actuated by extraneous considerations or oblique motives. A Tahsildar While Passing Orders U/S 12 Of Kerala Land Conservancy Act Acts As A Quasi Judicial Authority To come to this observation, the Court looked into the distinction between a quasi judicial order and an administrative or ministerial order.

Court Criminal Proceedings Public Fir Act Passing Offence Authority Petitioner Servant Extraneous Considerations Wrong Order Quasi Judicial  passing  servant  wrong  order  authority  high  act  quasi  judicial  public  petitioner  kerala  offence  proceedings  extraneous  initiated

History of this topic

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court
1 month, 1 week ago

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court

Live Law  

The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. The officer moved the High Court to remove the adverse remarks made against him in the order of the Special Court. The Supreme Court in Niranjan Patnaik …

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises
1 month, 2 weeks ago

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises

Live Law  

The Kerala High Court today inquired from the State government as well as the Director General of Police whether there are any orders/ guidelines regulating the conduct of Police officers in court premises. “.we feel it necessary to direct the 1st and 2nd respondents to make available before this Court all such orders, circulars, office memorandums if any that have …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
5 months ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit
6 months, 2 weeks ago

"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit

Live Law  

The High Court in a recent order came down heavily on the State Government for the callous and casual attitude they are having towards the Court proceedings. Justice Dinesh Kumar Singh observed: “This callous and casual approach of the State Government does not augur well in the dispensation of justice and would only show disrespect to the High Court, the …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 1 month ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court
1 year, 2 months ago

Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court

Live Law  

The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme terminating the services of six Quality Monitors for unsatisfactory work. The Court, on perusing the impugned order issued by the District Programme Co-ordinator, discerned that the Mission Director had only opined that the service of those Quality …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 2 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 1 month ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court
3 years, 10 months ago

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court

Live Law  

While deciding a criminal revision petition on Tuesday, the Kerala High Court was tasked with whether court permissions were mandatory when seeking further investigation and whether material necessarily had to be collected before such investigation was instituted. Elaborating on this theme, the Court pointed out that the Kerala High Court in Abdul Latheef v. State of Kerala had opined that …

Discover Related