Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court
2 years, 6 months ago

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling money, cannot be reinstated during the pendency of the enquiry and thereby refused to recall the order of suspension.A Division Bench of Justice P.B. The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling money, cannot be reinstated during the pendency of the enquiry and thereby refused to recall the order of suspension. Suresh Kumar and Justice C.S Sudha added that whether these accusations were baseless or genuine was a matter of enquiry and for that reason, the disciplinary proceedings had to continue uninterrupted without the court's interference. "In other words, it is to prevent the delinquent employee from availing further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruits and the offending employee could get away even pending inquiry without any impediment or to prevent the delinquent officer from scuttling the inquiry or investigation or to win over the witnesses or the delinquent having the opportunity in office to impede the progress of the investigation or inquiry."

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History of this topic

Commenting on woman’s ‘body structure’ amounts to sexual harassment: Kerala High Court
Top News
22 hours, 31 minutes ago

Commenting on woman’s ‘body structure’ amounts to sexual harassment: Kerala High Court

The Hindu  

The Kerala High Court has held that a comment on a woman's "body structure" is a sexually coloured remark which would constitute penal offence of sexual harassment. The ruling by Justice A. Badharudeen came while dismissing a former Kerala State Electricity Board employee's plea to quash the sexual harassment case against him filed by a woman staffer of the same …

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC
3 weeks, 5 days ago

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court has held that an officer would be entitled to full pay and allowances if there were no reasons for keeping him under suspension till the conclusion of disciplinary proceedings. “What we say is that it is for the disciplinary authority to decide whether such an officer should be kept under suspension for any justifiable reasons till …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 4 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Kerala high court refuses to suspend conviction of Lakshadweep MP in 2009 attempt to murder case
1 year, 3 months ago

Kerala high court refuses to suspend conviction of Lakshadweep MP in 2009 attempt to murder case

Hindustan Times  

The Kerala high court on Tuesday declined to suspend the conviction of Lakshadweep MP PP Mohammed Faizal in the 2009 attempt to murder case. Faizal and three others had been convicted and sentenced to imprisonment for period ranging from one month to 10 years by a sessions court in Kavaratti for attempting to murder Mohammed Salih, the son-in-law of late …

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case
1 year, 7 months ago

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case

Live Law  

The Kerala High Court on Tuesday dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 and Section 354-B and Section 354-B of the Indian Penal Code,1860. …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
1 year, 11 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

Vismaya Dowry Death Case: Kerala High Court Refuses To Suspend Husband Kiran Kumar's 10-Yrs Sentence
2 years ago

Vismaya Dowry Death Case: Kerala High Court Refuses To Suspend Husband Kiran Kumar's 10-Yrs Sentence

Live Law  

The Kerala High Court on Tuesday dismissed the application filed by Kiran Kumar, the convict in the Vismaya dowry death case, seeking an interim order for suspension of his 10 years sentence.The application was moved in a Criminal Appeal against his conviction and sentence handed down in May this year following his wife's death under mysterious circumstances, after she had …

MP High Court Explains When Delinquent Employee Can Object That Disciplinary Proceeding Is Causing Prejudice In Criminal Trial
2 years, 2 months ago

MP High Court Explains When Delinquent Employee Can Object That Disciplinary Proceeding Is Causing Prejudice In Criminal Trial

Live Law  

The Madhya Pradesh High Court recently observed that it is only from the stage of framing of charges that an alleged delinquent employee can raise the objection regarding departmental proceeding, which is being carried out parallel to their criminal prosecution, is causing prejudice to their defense. The division bench of Justices Sheel Nagu and Virender Singh further observed that prior …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 8 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 3 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws
3 years, 8 months ago

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws

Live Law  

In a detailed judgment, the Kerala High Court recently prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention. Explaining how the procedural safeguards against preventive detention prescribed by the Constitution were to be interpreted by the High Court in matters relating to preventive detention, the bench remarks, "It is therefore that when an application …

Slapping Complainant By Police Isn't Due Discharge Of His Official Duty; Not Entitled To Protection Under S. 197 CrPC: Kerala HC [Read Order]
4 years, 2 months ago

Slapping Complainant By Police Isn't Due Discharge Of His Official Duty; Not Entitled To Protection Under S. 197 CrPC: Kerala HC [Read Order]

Live Law  

The Kerala High Court on Wednesday observed that in order to get the protection under Section 197 of Cr.P.C., the act constituting the offence should be so connected with the official duty or should be an act which is inseparable from such duty. In the present case, the Bench of Justice N. Anil Kumar was hearing a Criminal Revision Petition …

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