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Acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different.
Maharashtra State Road Transport Corporation v Dilip Uttam Jayabhay
Copy of the judgement is attached
The order prohibits anv person from visiting beaches. open grounds. sea faces. promenades. gardens. parks or similar public places. from 5 PM to next dav 5 AM
In case of marriages, whether in enclosed spaces or open to sky spaces, the maximum number of attendees shall be restricted to 50 persons.
In case of any gathering or program, whether social, cultural, political or religious, whether in enclosed spaces or open to sky spaces, the maximum number of attendees shall be restricted to 50 persons.
In case of last rites, the maximum number of attendees shall be restricted to 20 persons.
All other existing instructions already in place shall continue to be in force till further orders.
This order shall come into force, in the areas under the control of the Commissioner of Police, Greater Mumbai, from 13.00 Hrs of 31st December 2021 and will remain in force till 24.00 Hrs of 15th January 2022, unless withdrawn earlier.
The union budget of 2022 will come at a crucial juncture. While the Indian economy has made a post-Covid recovery, it still needs support from the government to return to steady, equitable growth. Especially, with a potential third wave of infections led by the Omicron-variant staring India in the face.
State/ UT Governments and State/ UT Authorities to consider implementation of the normative framework, as conveyed vide aforesaid MoHFW advisory, dated 21st December, 2021, as per Annexure-I, until 31.01.2022.
States/ UTS will take necessary measures, under the relevant provisions of the DM Act. It is further directed that :
(i) The National Directives for COVID-19 Management, as specified in Annexure Il, shall continue to be strictly followed throughout the country.
(ii) All the District Magistrates shall strictly enforce the above measures. For the enforcement of social distancing, State/ UT Governments may, as far as possible, use the provisions of Section 144 of the Criminal Procedure Code (CrPC) of 1973.
(iii) Any person violating these measures will be liable to be proceeded against as per the provisions of Sections 51 to 60 of the DM Act, besides legal action under Section 188 of the IPC, and other legal provisions, as applicable.
The prohibitory orders issued by the Mumbai Police under Sec 144 of the Cr PC state that :
1. Covid Appropriate Behaviour (CAB), as defined in the Notification. will be observed by all.
2. All persons connected with the organisation of any program, event etc as well as service providers and participants, visitors, guests, customers shall be fully vaccinated, as defined in the Notification,
3. Any shop, establishment, mall, event, gathering etc. must be manned by fully vaccinated persons and all visitors, customers for such places shall be fully vaccinated.
4. All public transport shall be used only by fully vaccinated persons,
5. All persons travelling into Maharashtra shall be either fully vaccinated or carry a RT-PCR test valid for 72 hours,
6. In case of any program or event or activity or gathering:
a. In a closed space: people up to 50% of the capacity only to be allowed,
b. In an open space: people up to 25% of the capacity only to be allowed,
c. If total number of people present exceeds I thousand, then the local disaster management authority will have to be informed of the same,
7. This order shall come into force. in the areas under the control of the Commissioner of Police, Greater Mumbai, from 00.00 hrs on 16th December 2021 and will remain in force till 24.00 hrs on 31st December 2021, unless withdrawn earlier
The Hon’ble Delhi High Cour held as follows
“The Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women. The provisions of the Act have to be given effect to, in letter and spirit. Technical issues would not come in the way of the Court or the authority concerned, in recognizing the said benefits. An organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations”
Copy of the judgement
The Supreme Court of India has held that In matters relating to service jurisprudence, time and again it has been held that it is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then the interest of all is represented and protected. In view of the above, it is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity. Non-joining of all the parties cannot be held to be fatal.
Copy of the judgment is attached
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