Criminal P.C. (2 of 1974) , S.173— Further investigation - Completion of investigation without unnecessary delay is mandate of law - Investigating Officer cannot keep investigation pending and he has to come to conclusion that whether any offence was made out or not - Thus, Court cannot supervise investigation and giving a direction to file charge sheet would certainly amount to supervising investigation - Investigating Officer was directed to conclude investigation as early as possible and to take necessary steps as required under law.

(Para 5 7 8)

Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.500, S.499 Expln.2, S.153— Quashing of order taking cognizance - Offences under Ss. 153, 500 of IPC - Allegation that accused had hurt sentiments of Hindus as he had made a statement that word 'Hindu' was Persian and its meaning was very dirty - This was a case where not a definite class of people was alleged to be defamed but an indefinite class - Very concept of defaming an indefinite class could not lead to offence punishable under S. 500 of IPC, as purport of S. 499 and Explanation is that it should be against a definite class of people - Also statement of accused nowhere would meet ingredients of S. 153 - Therefore, permitting further proceedings would be an abuse of process of law and result in miscarriage of justice - Order taking cognizance was quashed.

(Para 8 9 10)

Constitution of India , Art.309— Sikkim Government Servants Discipline and Appeal Rules (1985) , R.3(ix), R.11— Compulsory retirement with benefits - Denial of - Petitioner, a former Divisional Engineer (Civil), dismissed after admitting charges in disciplinary proceedings - Request of voluntary retirement was denied - Governor modified penalty to compulsory retirement with benefits, bypassing mandatory consultation with Sikkim Public Service Commission under R. 10 - Respondent-State restored original penalty of dismissal, due to procedural flaws in modification - Restoration violated principles of natural justice as petitioner was denied an opportunity for representation - Revision under R. 10 and review under R. 11 require consultation and procedural fairness - Procedural lapses cannot justify violating rules or depriving natural justice - Revocation of order reducing punishment from dismissal to compulsory retirement with retirement benefits is not justified - Directions issued to grant him compulsory retirement pension.

1993 AIR SCW 1135-FollowedAIROnline 2005 SC 822-Followed2024 AIR CC 2330 (SK)-Followed2004 Lab IC 2779 (SK)-Followed(Paras1920)

(Para 19 20)

Constitution of India , Art.226— Compassionate appointment - Rejection of application - Challenge against - Earlier wife of deceased employee who was working as driver, sought compassionate appointment but her request was rejected - Later wife sought employment for her son on compassionate ground but same was also rejected - Plea of petitioner that delay in filing and processing applications were due to ongoing legal battles for terminal benefits and family's indigent condition and they had claimed there was no fault or unreasonable delay on their part - It was clear that petition was liable to be rejected primarily on ground that application seeking compassionate appointment was presented beyond three years, not only from date of death of employee, but also from date of attaining majority - That apart, petition was filed 8 years after rejection order, was liable to be rejected on ground of laches also, especially when no proper explanation was given for delay - Order of rejection of compassionate appointment was proper.

(Para 10)

Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Allegations that accused armed with deadly weapon trespassed into house of complainant, abused him in filthy language and demolished compound wall of house of complainant - Parties to dispute arrived at amicable settlement and resolved matter - Complainant attempted to convert civil dispute and give it criminal colour - Thus, proceedings were quashed.

Penal Code (45 of 1860) , S.147, S.148, S.447, S.294(b), S.323, S.506— Tamil Nadu Property (Prevention of Damage and Loss) Act (59 of 1992) , S.3(1)— (Paras1112)

(Para 11 12)