Court : Allahabad
Decided on : Sep-23-2010
..... 1965, dated february,1965 many offences and classes of offences were notified, which included offences punishable under the prevention of corruption act, 1947. since aforesaid prevention of corruption act, 1947 was replaced by another act known as prevention of corruption act, 1988 ( hereinafter referred as the act of 1988). another notification no. 291xxxix-4-91-4/4(30)-81 dated 18th september,1991 (annexure no. ca-2 ..... constitutional institutions to uphold the constitutional values, and the public service commission being one of them. with a view uphold the dignity and independence of the public service commission,the salaries, allowances and pensions payable to the members of staff of the commission are directed to be charged on the consolidated fund of india and/or the consolidated funds of the ..... 317 of the constitution of india is not available. reliance has been placed upon the judgment of the hon'ble apex court rendered inre: ravindra pal singh sidhu, chairman, punjab public service commission reported in (2002)2 scc 147. the inquiry which was initiated against the petitioner while he was in office was not directed towards the removal. it was ..... better to put on the public service commissions persons who are out of politics. as regards ex-ministers, he said, "let me make it clear that it is not our intention that ex-ministers should be eligible for these posts." 12. in the act the service conditions were to be determined by the regulations but there was no provision for like a .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-18-2010
..... was never paid, does not fall under cll (a), (b) or (d) of s 5, and therefore, is not 'corruption', within the meaning of the prevention of corruption act 1947. 45. in "encyclopaedic law dictionary (legal & commercial)" by dr. a.r. biswas 3rd edition 2008, published by wadhwa and company, at page 369: "corruption. corruption is ..... past more than two years, the petitioner did not perform any duty and remained absent. i do not find any justification to direct the authorities to pay salary merely because almost after two and half years, the transfer order was cancelled and that too in a clandestine manner. it is not a case where the ..... 2007) 9 scc 497; m.p.state corporation diary federation ltd. and another v. rajneesh kumar zamindar and others (2009) 6 scale 17; swarn singh chand v. punjab state electricity board and others (2009) 7 scale 622 and sri yemeni raja ram chandar v. state of andhra pradesh and others jt (2009) 12 sc 198). ..... being exercised for the purpose the power is supposed to be exercised. (see manager govt. branch press and another v. d.b.belliappa air 1979 sc 429; punjab electricity board v. zora singh and others air 2006 sc 182; k.k.bhalla v. state of u.p. and others air 2006 sc 898; p. ..... smith v. east ellos rural district council, (1956) 1 all e.r. 855, it was held that the effect of fraud would normally be to vitiate all acts and orders. in lazarus estate ltd. v. beasely, (1956) 1 qb 702, lord denning , i.j. said: "no judgment of court, no order of a minister can be .....Tag this Judgment!