In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of enmity in order to materialize the revenge against the accused petitioner cannot be entertained…………………..(20) 

On the ques­tion of absorption and guidelines for absorption in the revenue set up

(i) Whenever any vacancy in LGED is created in the revenue set up it shall consider for absorption of employees or officers of the development projects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post.

(ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or offi­cer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC's decision dated 10th January, 2008.

(iii) An officer or employee shall be absorbed if s/he was appointed in the development project within the mean­ing of rule 2(ka) of Rules, 2005 in accordance with the procedures pre­scribed for appointment in public employment.

(iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption.

(v) An officer or employee must have continuity in service in the project in which he is working.

(vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget.

(vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publica­tions, such officer or employee would not be eligible for consideration for absorption.

(viii) The employees and officers who have been working in the development projects mentioned in .clause (1) on monthly pay basis would only be eli­gible for consideration for absorption in the revenue budget.

(ix) Unless, and until vacancies in rev­enue budget in the LGED are created, the employees and officers of the development projects mentioned in clause (1) cannot claim as of right to be absorbed in the revenue budget.

(x) while considering and selecting an employee or officer of the develop­ment project for absorption on the revenue budget, the appointing authority shall maintain strictly the prevailing quota system for employ­ment in the public employment being followed by the Government.

(xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifi­cations subject to availability of vacancies according to their seniority. 

There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the district headquarters is without lawful authority.....................(8) 

Proof of age of victim

School Certificate and registration card issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17)

Asking safe custody of victim girl or child as of right

Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is intended to ensure safety, security and welfare of the girl. When Nari-O-Shishu Nirjatan Daman Tribunal directs for release minor girl, victim of an offence under the Ain and allowed custody of the minor to her mother no person or organization is authorised to question validity of the order under section 31 of the Ain. No person or organization can ask for safe custody of victim girl or child as of right unless such custody is assigned or given to it at the sole discretion of the Tribunal....................(21 & 22) 

Writ jurisdiction in case of contractual right

Contractual right is not enforceable in exercise of writ jurisdiction..........(11)

In case of any right arising out of accepting or rejecting the tender, the petitioner can seek remedy before the civil Court, not in the High Court Division by way of writ petition ................(12) 

Guidelines for absorption in the rev­enue set up

(i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the development proj­ects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post, (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008.

(iii) An officer or employee shall be absorbed if she was appointed in the development project within the mean­ing of rule 2 (ka) of Rules, 2005 in accordance with the procedures pre­scribed for appointment in public employment.

(iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption.

(v) An officer or employee must have continuity in service in the project in which he is working.

(vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget.

(vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publica­tions, such officer or employee would not be eligible for consideration for absorption.

(viii) The employees and officers who have been working in the develop­ment projects mentioned in clause (1) on monthly pay basis would only be eligible for consideration for absorp­tion in the revenue budget,

(ix) Unless and until vacancies in the revenue budget in the LGED are cre­ated, the employees and officers of the development projects mentioned in clause (1) can not claim as of right to be absorbed in the revenue budget;

(x) while considering and selecting an employee or officer of the develop­ment project for absorption in the rev­enue budget, the appointing authority shall maintain strictly the prevailing quota system for employment in the public employment being followed by the Government.

(xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requi­site qualifications subject to availabil­ity of vacancies according to their seniority. 

The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 161

A statement recorded under section 161 of the Code of Criminal Procedure is not a substantive evi­dence. Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be con­sidered fatal if the evidence adduced by them in court appears to be credible after sifting................................(13)