Allegation of embezzlement

2018 PLC(CS)N 148 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Allegation of embezzlementInitiation of inquiryOpportunity of hearingScope

Contention of employee was that impugned notification for initiation of inquiry was issued without providing any opportunity of hearing

Validity

No inquiry or investigation could be stopped by invoking extraordinary jurisdiction of High Court

Final order had not been passed against the employee

Employee would have opportunity to put forth his version before the concerned authorities

Employee was not entitled to invoke jurisdiction of High Court in presence of alternate remedy

Opportunity of hearing was to be provided when any adverse order was passed against a person

In the present case it had been notified that proceedings be initiated against the employee

Competent authority could pass such order upon complaint or in presence of sufficient material

Writ petition was dismissed in circumstances.

2015 GBLR 181 SUPREME-APPELLATE-COURT Judicial Precedent

S. 5Allegation of embezzlementAppreciation of evidence

Trial Court/Special Judge of Anti-Corruption, after recording prosecution evidence and hearing the parties, acquitted petitioners/accused persons, giving them benefit of doubt as prosecution witnesses had not implicated them

Chief Court, on appeal, accepted appeal of prosecution by setting aside judgment of the Trial Court

Prosecution had failed to prove its case against accused persons; as none of the witnesses had implicated them

Trial Court had rightly acquitted accused persons by giving them benefit of doubt

Chief Court had failed to appreciate that prosecution could not produce any corroborative witness though available without any reason

Accused persons were not bound to prove their innocence, but it was the legal duty of the prosecution to prove its case beyond reasonable doubt

Chief Court was not justified for remanding the case to the Trial Court for fresh trial

Allowing appeal, impugned judgment passed by the Chief Court, was set aside by Supreme Appellate Court and that of Trial Court was maintained, in circumstances.