Supreme Court · 2013 INSC 115 · Decided 20 February 2013
Sunil Mehta & ANR. v. State of Gujarat & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 115 · [2013] 2 S.C.R. 56
- Case number
- CRIMINAL APPEAL No. 327/2013
- Decided
- 20 February 2013
- Bench
- T.S. THAKUR, S. J. MUKHOPADHAYA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 244, 246; Evidence Act Section 138, 3
Headnote
PRADESH AND ORS. v. CH. GANDHI [DIPAK MISRA, J.] compulsorily retired employee, if eligible to get pension under the Pension Rules, is not affected. Rule 9(vii) was only dealing with reduction or reversion but issuance of any other direction was not a part of it. It has come by way of by imposing the said punishment, regard being had to the nature of charges. It can be looked from another angle. The rule making authority has splitted Rule 9(vii) into two parts - one is harsher than the other, but, both are less severe than the other punishments, namely, compulsory
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