Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 - s.13 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Prevention of Corruption Act, 1988 - s.13 - Criminal misconduct by public servant - Land scam - Respondent no.4 was CEO, New Okhla Industrial Development Authority (NOIDA) in 1993-1994 - A/legation that during this period, he committed three acts of misconduct - 1) that he allotted contracts worth Rs. 10 crores to different contractors on selection basis without inviting tenders; 2) that he caused financial loss to NO/DA by not paying conversion charges with D respect to the plot allotted to him and 3) that at his instance a 13 hectwe City Park situated in NO/DA was destroyed and by changing the land use, a new residential Sector in violation of the Master Plan was carved out comprising of 200 plots - Held: The a/legations being of a very serious nature and as E alleged, the respondent no.4 having passed orders in colourable exercise of power favouring himself and certain contractors, require investigation - Central Bureau of Investigation (CBI) directed to have preliminary enquiry and in case the allegations are found having some substance warranting further proceeding with criminal prosecution, it may proceed in accordance with law - U. P. Industrial Area Development Act, 1976 - ss.6(2)(b) & 6(2)(c), 8, 9, 12, 14, 17, 18, 19 - U. P. Urban Planning and Development Act, 1973 - ss. 30, 32, 40 to 47, 49, 50, 51, 53 and 58 - New Okhla Industrial Development Area (Preparation and Finalisation of Plan) Regulations 1991.Code of Criminal Procedure, 1973 - ss.468-471 and 473 - Delay in launching criminal prosecution - Held: Cannot itself be a ground for dismissing the complaint, but may be a circumstance to be taken into consideration in arriving at a final decision - More so, the issue of limitation has to be examined in the light of the gravity of the charge. Service Law - Disciplinary proceedings against retired IAS officer - Maintainability of - Held: On facts, the disciplinary proceedings were time barred - All India Services (Death-cum-Retirement Benefits) Rules, 1958·- Rule 6(b).Rule of Law - Held: The Rule of Law is the foundation of a democratic society - It prohibits arbitrary action and commands the authority concerned to act in accordance with law.Public Authority - Obligation of the State or its instrumentality - Public Trust Doctrine -Held: Action of the State or its instrumentality must be in conformity with some principle which meets the test of reason and relevance - In essence, the action/order of the State or State· instrumentality would stand vitiated if it lacks bona tides, as it would only be a case of colourable exercise of power - The power vested by the State in a Public Authority ·should be viewed as a trust coupled with duty to be exercised in larger public and social interest - An Authority is under a legal obligation to exercise the power reasonably and in good faith to effectuate the purpose for which power stood conferred - In this context, "in good faith" means "for legitimate reasons" - It must be exercised bona fide for the purpose and for none other - Doctrines/Principles - Principle of legitimate expectation - Constitution of India, 1950 - Articles 14 and 21. Doctrines/Principles - Principle of "quando aliquid prohibetur, prohibetur at omne per quod devenitur ad illud" - Meaning of - Held: Whatever is prohibited by law to be done, cannot legally be effected by an indirect and circuitous contrivance.Administrative Law - Act done in undue haste - Effect A of - Held: In case an authority proceeds in undue haste, the Court may draw an adverse inference from such conduct. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 366 |
Petitioner | Noida Entrepreneurs Association |
Respondent | Noida & Ors. |
SCR | [2011] 8 S.C.R. 25 |
Judgement Date | 2011-05-09 |
Case Number | 150 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |