Devnandan Sharma
25 October 2010 at 21:26
Respect learned sirs,
I have posted a querry in the aforesaid matter on 22.10.2010 and received your answers. Sincere thanks for this.
In Birichh Bhuiyan Vs State of Bihar (AIR 1963 SC 1120, 1123) the Hon’ble Bench of four Hon’ble Justices of the Hon’ble Supreme Court had held that:
“A charge is not an accusation made or information given in abstract, but an accusation made against a person in respect of an act committed or omitted in violation of a penal law forbidding or commanding it.”
Further,in Union of India vs. Gyan Chand Chattar, paragraph 27, (Civil Appeal No. 4174 of 2003, dated 28.05.2009) this Hon’ble Court has held the following:
“where a delinquent is served a charge-sheet without giving specific and definite charge and no statement of allegation is served alongwith the charge-sheet, the enquiry stands vitiated as having been conducted in violation of the principles of natural justice.”
Kindly see the matter in this perspective and then suggest whether the statement that a person indulged in corrupt practices as detailed in elsewhere formulates a "charge" against him. I think unless the specific act of the person is not stated, no charge can be said to have been formulated. An abstract allegation that the person has coomitted theft can only be called a charge if it is promptly been stated what he has stolen. For complete formulation of a charge an abstract allegation must be read with its details.
Kindly make me benefited with your valuable suggestions.
Anonymous
24 October 2010 at 04:48
Requesting only very precise and legal answers. Some hotels have SOPs(Standard Operating Procedure)to not allow licensed arms holders go inside. In my opinion the firearm license has been issued as per the law of the land, for self defense which is a fundamental right(legally means license has been issued for enforcement of law of the land as per sections 96 to 106 IPC if the need arises). Probably they have the right to decide whom to allow in, but without violating the rights of individual. That is, they cannot say that we allow you in only after your rights are violated or abridged. Can they infringe/abridge the fundamental and legal rights of the person before allowing in?
yugdeep narwat
24 October 2010 at 02:25
what does d court scrutinize where 'procedure established by law' is implemented???
or is there no scope of judicial scrutiny in case of procedure established by law ???
Anonymous
24 October 2010 at 00:47
Dear Counsels,
The final order on a writ appeal is to challenged before the supreme court. Is it mandatory to get the permission of the high court for leave to file a SLP before the supreme court.
Will there be any issue if the permission of the high court was not sought for appelaing against his final order on the writ appeal. Please clarify.
Adv Surendra Dalvi Patil
23 October 2010 at 11:59
under which article our fundamental rights will be revocked.
yugdeep narwat
22 October 2010 at 21:50
what is d meaning of 'due process of law' and 'procedure established by law'???
and what is d difference between them ???
Devnandan Sharma
22 October 2010 at 19:16
I have received three charges and directed to proceed for recording of evidences. The charges are as foolows:
1. That the Charman, Dr, Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission misused their office and indulged in corrupt practices while making recommendations for selection of candidates in the first Limited Competitive Examination as detailed in the Vigilance Report No. 19/2005.
2. That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission had abused their official position and indulge in corrupt practice while making recommendations for appointment of Shri Arun Kumar Sinha as Stadium Manager of Moinul Haque Stadium, Patna, as detailed in vigilance Report No. 10/2006.
3. That the Chairman, Dr. Ram Singhasan Singh and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission have also committed a number of irregularities in sending recommendations for appointment of office of the Bihar Veterinary Services (Class-II) as detailed in F.I.R. in vigilance P.S. No. 20/2006, all of which are serious acts of misconduct, if established.
My query is:
Whether the three charges are charges as defined law;
Whether the details are not necessary to be attached with the said statements;
Whether the I have to undergo the inquiry without knowing the details of the charges;
Whether recording of evidences would be proper without the details of the charges having been specified.
Anonymous
22 October 2010 at 13:03
I want to know that can we have a right to file a case against the "band" called by the various parties time to time for various issues.
Due to which poor people can not earn money for the livelyhood and the losses waht they suffer.
ami
22 October 2010 at 09:23
Hi,Good day
NOW OUR GOVT UNDER PRESSURE PLAN TO INSIST PG QUALIFICATION TO MIDDLE SCHOOL HEADMASTERS WHICH CADRE IS PROPOSED TO BE FUSED WITH LECTURERS WHOSE QUALIFICATION(PG DEGREE) IS TO BE PUT INTO THE RR TO BE AMENDED FOR WHICH THE PRINCIPLE OF AUDIALTRAM HAS BEEN FOLLOWED .BUT OUT OF 172 HEADMASTERS GrII 120 DONOT HAVE PG. WHAT TO DO?
BUT IN 2009 WHILE IMPLEMENTING 6TH PAY, THE LT.GOVERNOR PLEASED TO RELAX THE EDUCATIONAL QUALIFICATION I/R OF ALL EXISTING TEACHERS IN THEIR EXISTING PAY SCALES FROM THE QUALIFICATIONS FOR GRANTING THE REVISED PAY BAND/GRADE PAY ONLY. WILL THIS RELAXATION BE CLAIMED NOW TO PUT A SAVING CLAUSE IN THE PROPOSED RR SO THAT THE HMGrII MAY GET PROMOTION AS HMGrI? PLEASE HELP US.Regards
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further explanation - 2
is it not possible that law is upheld but the procedure that is implemented is unconstitutional???
so dat court may demand change in d procedure.
Also does d court strike down d law in case of 'due process of law'??