2016 (3) TMI 1464

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..... nakshi Grover, Adv., Ms. Daisy Hannah, Adv., Ms. Binu Tamta, Adv., Ms. Sushma Suri, Adv., Mr. Rajiv Nanda, Adv., Mr. Kapil Rastogi, Adv., Mr. Rajiv Singh, Adv., Ms. Nikita Shrivastava, Adv., Mr. B. V. Balaram Das, AOR. SLP(CRL) 4364/11 : Mr. Arvind P. Datar, Sr. Adv., Mr. Ankur Chawla, Adv., Mr. D.N. Ray, Adv., Mr. Bhanusood, Adv., Mr. Rahul Pratap, AOR, Mr. R.R. Kishore, in-person, Mr. Senthil J .....

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..... (a) the employees of the Central Government of the Level of Joint Secretary and above; and (b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government. The Delhi High Court before whom the challenge was brought answered the question by holding .....

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..... er its decision would operate prospectively or would have retrospective effect. Though a large number of precedents have been cited at the Bar to persuade us to take either of the above views, as would support the case of the rival parties, we are of the considered view that this question should receive the consideration of a Constitution Bench in view of the provisions of Article 145(3) of the Co .....

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..... s could have been imposed under the prior law or deprives the accused of any substantial right or immunity possessed at the time of the commission of the offence charged is a moot point to be debated. (underlining is ours) 21. However, as the interpretation of Article 20 as to its scope and ambit is involved in these proceedings, we refer the question formulated in para 15 of this order to a l .....

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..... of commission of the offence for which he has been charged. 6. The provisions of Section 6A(1), extracted above, do indicate that for officers of the level of Joint Secretary and above a kind of immunity has been provided for. Whether there can be a deprivation of such immunity by a retrospective operation of a judgment of the Court, in the context of Article 20 of the Constitution of India, is t .....

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