Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | illegal mining and auction of Tendu Patta leaves causing loss of government revenue and.undue gain to the purchasers - Plea of petitioner that the State Vigilance Establishment ought to have taken COMPENSA T/ON: Writ petitioner was a member of the All India Services and rendered services to the respondent State and Government of India in various positions for about 35 years - FIR was filed against petitioner and house raid conducted on the ground of owning of disproportionate assets beyond income |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | COMPENSATION: Writ petitioner was a member of the All India Services and rendered services to the respondent State and Government of India in various positions for about 35 years — FIR was filed against petitioner and house raid conducted on the ground of owning of disproportionate assets beyond income, illegal mining and auction of Tendu Patta leaves causing loss of government revenue and undue gain to the purchasers — Plea of petitioner that the State Vigilance Establishment ought to have taken prior permission and approval of Chief Secretary of the State for arresting and raiding the house which was not obtained — Petitioner was also suspended from his official duties - Claim for compensation for loss of professional career, reputation and for causing mental agony on the ground that he was illegally detained by the authorities after implicating him in false vigilance cases and dishonouring the High Court's directions — Heid: The case of petitioner was never referred to Vigilance Committee and consequently no vigilance enquiry was ever initiated against him — There was no evidence in respect of offence alleged to have been committed by petitioner — Petitioner had to suffer mental agony and loss of reputation in the society besides huge financial loss — Normally, Supreme Court is reluctant in determining or granting any compensation while exercising its jurisdiction u/ Article 32 of the Constitution, but advises the parties to approach the competent Courts for adjudicating those issues — However, in view of peculiar facts and circumstances of the case and the age and trauma suffered by the petitioner who spent about 11 days in jail and fought the legal battle for about a period of 10 years before various forums and more particularly in the absence of any proved charges of corruption against the petitioner, a lump sum amount of Rs.10 lakhs awarded as compensation to the petitioner on ail forms. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2015 INSC 841 |
Petitioner | Dr. Ram Lakhan Singh |
Respondent | State Government Of Uttar Pradesh Through Chief Secretary |
SCR | [2015] 12 S.C.R. 263 |
Judgement Date | 2015-01-17 |
Case Number | 933 |
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