We have gone through the record of inquiry with the assistance of learned counsel and, in our considered view, the finding which has been recorded by the inquiry officer in reference to charge nos. 1,2 and 3 is duly supported with the material on record and after revisiting the record of inquiry, has been confirmed by the disciplinary/appellate authority.
The jurisprudential concept of negligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be negligence in criminal law. For negligence to amount to an offence, the element of mens rea must be shown to exist. For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution.
The Hon’ble AFT Lucknow while deciding the issue has held that, in the absence of a specific medical opinion, the action of the department to stop disability pension for the intervening period is ill-founded and misconceived. Considering the aspect of the argument and Medical opinion record in RSMB the Tribunal has ordered the Army Authorities to grant the disability pension to the applicant for the intervening period.
Also as per the IRDA circular insurance company can not repudiate the claim on delay intimation.
delay intimation
theft
FIR
As per the judgement of scdrc lucknow as well as apex court in case of K.A. Nagagami vs Karanataka housing board @18 % interest rewarded by the SC of India in year 2016 , Scdrc Lucknow com case no—112/2018 In dr shipra kak vs sahara prime city decide in the favor of complainant.
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