You guys are not going to believe this scenario alleged in a lawsuit filed this week. As reported by WaPo herelast year a black employee worked as a warehouse specialist for an energy company in Sacramento, California. The company has more than 4, employees working in 21 states.
Subhash Kashinath Mahajan Vs.
State of Maharashtra and ANR. On 20th November, the following order was passed by this Court: Certain adverse remarks were recorded against respondent no. The said matter was dealt with by the petitioner and sanction was declined.
This led to another complaint by the respondent no.
The quashing of the said complaint has been declined by the High Court. The question which has arisen in the course of consideration of this matter is whether any unilateral allegation of mala fide can be ground to prosecute officers who dealt with the matter in official capacity and if such allegation is falsely made what is protection available against such abuse.
Needless to say that if the allegation is to be acted upon, the proceedings can result in arrest or prosecution of the person and have serious consequences on his right to liberty even on a false complaint which may not be intended by law meant for protection of a bona fide victim.
The question is whether this will be just and fair procedure under Article 21 of the Constitution of India or there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, are not abused for extraneous considerations.
Issue notice returnable on 10th January, In the meanwhile, there shall be stay of further proceedings. Issue notice to Attorney General of India also as the issue involves interpretation of a central statute. Amrendra Sharan, learned senior counsel is requested to assist the Court as amicus. Sharan will be at liberty to have assistance of Mr.
Amit Anand Tiwari, Advocate. Though certain facts are stated while framing the question already noted, some more facts may be noted. The second respondent - the complainant is an employee of the department. Satish Bhise and Dr. Kishor Burade, who were his seniors but nonscheduled caste, made adverse entry in his annual confidential report to the effect that his integrity and character was not good.
The concerned Investigating Officer applied for sanction under Section Cr. The sanction was refused by the appellant on 20th January, He then lodged the present FIR against the appellant.
Thus, according to him, the appellant committed the offences alleged in the FIR dated 28th March, by illegally dealing with the matter of sanction.A Study of Business Ethical Practices in Australian Organisations – A Multiple Case Study.
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Applicability of the provisions in the facts of the case. 3. Punishment for offences atrocities. - 3 [(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -.
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