M C ABRAHAM Vs. STATE OF MAHARASHTRA
LAWS(SC)-2002-12-77
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
December 20,2002
M.C.ABRAHAM
Appellant
VERSUS
STATE OF MAHARASHTRA
Respondents
Referred Judgements :-
ABHINANDAN JHA ROOPCHAND LAL VS. DINESH MISHRA:STATE OF BIHAR [REFERRED TO]S N SHARMA VS. BIPEN KUMAR TIWARI [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
Cited Judgements :-
BRIJESH KUMAR GAUD VS. STATE OF M.P. [LAWS(MPH)-2021-11-130] [REFERRED TO]ANKESH SINGH KIRAR VS. STATE OF M.P. [LAWS(MPH)-2021-6-81] [REFERRED TO]
FARIYAD KHAN VS. STATE OF M.P. [LAWS(MPH)-2021-6-10] [REFERRED TO]
HEMLATA EKKA VS. STATE OF M.P. [LAWS(MPH)-2021-9-33] [REFERRED TO]
ALOK YADAV VS. STATE OF M.P. [LAWS(MPH)-2022-1-257] [REFERRED TO]
DIVINE RETREAT CENTRE VS. STATE OF KERALA [LAWS(SC)-2008-3-110] [REFERRED TO]
P CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT [LAWS(SC)-2019-9-13] [REFERRED TO]
HARENDRA RAI VS. STATE OF BIHAR [LAWS(PAT)-2007-3-19] [REFERRED TO]
MURUGANANTHAM VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2022-1-13] [REFERRED TO]
R. SANKARASUBBU VS. COMMISSIONER OF POLICE [LAWS(MAD)-2021-2-375] [REFERRED TO]
DURAIMURUGAN VS. STATE [LAWS(MAD)-2013-1-3] [REFERRED TO]
KOMAL KALRA VS. STATE OF PUNJAB [LAWS(P&H)-2021-12-211] [REFERRED TO]
CHANDRA SHEKHAR VS. STATE (NCT OF DELHI) [LAWS(DLH)-2023-3-50] [REFERRED TO]
SHRADHA BINANI VS. MINISTRY OF CORPORATE AFFAIRS [LAWS(BOM)-2022-11-27] [REFERRED TO]
PRAMOD VS. SAVITA AND ORS. [LAWS(BOM)-2015-2-15] [REFERRED TO]
ASHOK CHATURVEDI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-4-18] [REFERRED TO]
ANKIT MLHOTRA VS. STATE OF C.G. [LAWS(CHH)-2017-10-57] [REFERRED TO]
PRAMOD S/O MADHUKAR KALPUND VS. SAVITA W/O RAJENDRA KALPUND [LAWS(BOM)-2015-2-12] [REFERRED TO]
XYZ C/O. NAZIYA ZAHIRUDDIN SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-13] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE [LAWS(DLH)-2018-11-75] [REFERRED TO]
AB NAME WITHHELD VS. STATE OF ORISSA [LAWS(ORI)-2005-1-30] [REFERRED TO]
MANORANJAN PRASAD SINHA VS. UNION OF INDIA [LAWS(JHAR)-2023-5-2] [REFERRED TO]
NARENDRA SHARMA VS. STATE OF M.P. AND ANR. [LAWS(MPH)-2017-12-270] [REFERRED TO]
VIRENDRA SINGH YADAV VS. THE STATE OF MADHYA PRADESH THR [LAWS(MPH)-2017-12-46] [REFERRED TO]
SMT. SHARBATI SHAKYA VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2017-12-284] [REFERRED TO]
PRABAL DOGRA VS. SUPERINTENDENT OF POLICE, GWALIOR [LAWS(MPH)-2017-11-275] [REFERRED TO]
ASHOK BAI DHAKAD VS. STATE OF MP [LAWS(MPH)-2017-12-316] [REFERRED TO]
SMT. MANDAGINI SHARMA VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2018-7-284] [REFERRED TO]
RAGHUVAR VS. STATE OF MP [LAWS(MPH)-2020-10-159] [REFERRED TO]
SRILAKSHMI YERRA, IAS VS. STATE OF TELANGANA [LAWS(TLNG)-2021-9-47] [REFERRED TO]
M. M. ABDUL AZEEZ VS. STATE OF KERALA [LAWS(KER)-2023-1-204] [REFERRED TO]
D VENKATASUBRAMANIAM VS. M K MOHAN KRISHNAMACHARI [LAWS(SC)-2009-9-26] [REFERRED TO]
PRATIBHA VS. RAMESHWARI DEVI [LAWS(SC)-2007-9-107] [REFERRED TO]
IQBAL SINGH VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2016-7-17] [REFERRED]
TAMIL NADU STATE HOUSING BOARD VS. T R SHESHACHALAM [LAWS(MAD)-2007-1-515] [REFERRED]
THANGAVEL VS. STATE OF TAMIL NADU REP BY SECRETARY HOME DEPARTMENT SECRETARIAT CHENNAI [LAWS(MAD)-2012-3-189] [REFERRED TO]
NALINIKANTA MUDULI VS. STATE OF ORISSA [LAWS(ORI)-2008-2-66] [REFERRED TO]
DR. SUBHASH KASHINATH MAHAJAN VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-3-39] [REFERRED TO]
USHA SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2022-12-95] [REFERRED TO]
MANSINGH RAWAT VS. STATE OF MP [LAWS(MPH)-2017-12-244] [REFERRED TO]
SMT. KAMLADEVI VS. STATE OF M.P. & ORS. [LAWS(MPH)-2018-1-317] [REFERRED TO]
SMT. LATA PARIHAR VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2018-8-284] [REFERRED TO]
GAUTAM RAI RAILLY VS. STATE OF M.P. [LAWS(MPH)-2020-12-54] [REFERRED TO]
RAJEEV JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-153] [REFERRED TO]
PUTTULAL SHARMA VS. STATE OF M.P. [LAWS(MPH)-2022-4-98] [REFERRED TO]
SANJAY KUSHWAH VS. STATE OF MP [LAWS(MPH)-2020-9-161] [REFERRED TO]
KEDAR NARAYAN PARIDA VS. STATE OF ORISSA [LAWS(SC)-2009-9-62] [REFERRED TO]
HEMLATA VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2018-8-288] [REFERRED TO]
RAMCHITRA SINGH GURJAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-8-408] [REFERRED TO]
KAPTAN SINGH KAURAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-2] [REFERRED TO]
MAMTA BAGHEL VS. STATE OF M.P. [LAWS(MPH)-2021-11-139] [REFERRED TO]
STATE OF UTTAR PRADESH VS. AMAN MITTAL [LAWS(SC)-2019-9-9] [REFERRED TO]
GANGA SINGH BHADORIYA VS. STATE OF MP [LAWS(MPH)-2017-12-336] [REFERRED TO]
S SARAVANAN VS. PAULRAJ INSPECTOR KOVILPATTI EAST POLICE STATION [LAWS(MAD)-2018-2-168] [REFERRED TO]
THALAPATHI PARTHIBAN VS. SUPERINTENDING ENGINEER [LAWS(MAD)-2013-7-389] [REFERRED]
MOHAN LAL VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2018-2-418] [REFERRED TO]
AWADHESH PRASAD SHUKLA VS. STATE OF M P [LAWS(MPH)-2014-4-180] [REFERRED TO]
JAI PRAKASH NR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2005-12-19] [REFERRED TO]
BEGRAJ VS. STATE OF HARYANA [LAWS(P&H)-2007-3-226] [REFERRED TO]
S. SENTHIL KUMAR VS. STATE OF TAMIL NADU [LAWS(SC)-2022-3-130] [REFERRED TO]
SUSHILA AGGARWAL VS. STATE [LAWS(SC)-2020-1-88] [REFERRED TO]
YAMRAJ KUNWAR, S/O GOVIND KUNWAR, RESIDENT OF VILLAGE VS. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA [LAWS(PAT)-2017-2-42] [REFERRED TO]
KHEMA VERMA VS. STATE OF MP AND OTHERS [LAWS(MPH)-2020-6-1078] [REFERRED TO]
SHIVRAJ SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-11-53] [REFERRED TO]
MUKUL DEV PARMAR VS. STATE OF M.P. [LAWS(MPH)-2021-11-143] [REFERRED TO]
REENADEVI VS. STATE OF MADHYA PRADESH & ORS. [LAWS(MPH)-2019-11-182] [REFERRED TO]
SMT. POOJA TIWARI VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2017-12-230] [REFERRED TO]
RITESH INANI S/O RAJENDRA INANI VS. STATE OF MP & OTHERS [LAWS(MPH)-2017-4-96] [REFERRED TO]
SUKHDEV SINGH RAJPUT VS. STATE OF M.P. [LAWS(MPH)-2018-1-51] [REFERRED TO]
AN UNFORTUNATE INCIDENT IN UNNAO OF RAPE AND MURDER VS. STATE OF U.P. [LAWS(ALL)-2018-4-583] [REFERRED TO]
SUN PHARMACEUTICALS LIMITED VS. STATE OF TELANGANA [LAWS(APH)-2016-4-47] [REFERRED TO]
REKHA DEVI SINGH VS. STATE OF C G [LAWS(CHH)-2010-11-24] [REFERRED TO]
KEDARNATH S O GANGADHAR AGRAWAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-5-48] [REFERRED TO]
ASIM BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-2-34] [REFERRED TO]
DANISH MUNIR VS. STATE OF M.P. [LAWS(MPH)-2017-12-272] [REFERRED TO]
GAUTAM RAI RAILY VS. STATE OF M.P. [LAWS(MPH)-2018-2-163] [REFERRED TO]
RAJNI LITORIYA VS. STATE OF M.P. AND ANR. [LAWS(MPH)-2017-12-314] [REFERRED TO]
MAYANAND PRASAD AND ORS VS. STATE OF BIHAR AND ORS [LAWS(PAT)-2014-3-109] [REFERRED]
SUBHASH CHANDRA NAGAYACH VS. STATE OF M. P. [LAWS(MPH)-2022-11-144] [REFERRED TO]
GIRISH KUMAR ARORA VS. STATE OF M.P. [LAWS(MPH)-2019-8-138] [REFERRED TO]
RAMDEV FOOD PRODUCTS PRIVATE LIMITED VS. STATE OF GUJARAT [LAWS(SC)-2015-3-34] [REFERRED TO]
BABUBHAI JAMNADAS PATEL VS. STATE OF GUJARAT [LAWS(SC)-2009-9-32] [REFERRED TO]
IN RE AN UNFORTUNATE INCIDENT IN UNNAO OF RAPE AND MURDER PUBLISHED IN VARIOUS NEWSPAPERS VS. STATE OF U P [LAWS(ALL)-2018-4-453] [REFERRED TO]
STATE OF WEST BENGAL VS. NEPAL KRISHNA ROY [LAWS(CAL)-2014-12-30] [REFERRED TO]
V VS. STATE NCT OF DELHI [LAWS(DLH)-2022-8-7] [REFERRED TO]
VIRBHADRA SINGH VS. STATE OF HP [LAWS(HPH)-2010-10-118] [REFERRED TO]
JITENDRA ARYA VS. STATE OF U P AND 03 OTHERS [LAWS(ALL)-2018-3-330] [REFERRED TO]
KHERALU NAGRIK SAHKARI BANK LTD VS. STATE OF GUJARAT [LAWS(GJH)-2006-4-31] [REFERRED TO]
STATE OF GUJARAT VS. MAYABEN SURENDRABHAI KODNANI [LAWS(GJH)-2009-3-272] [REFERRED TO]
AMIT KHANDELWAL VS. STATE OF MP AND OTHERS [LAWS(MPH)-2017-12-280] [REFERRED TO]
SURENDRA SINGH VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2017-12-311] [REFERRED TO]
JASWANT VS. STATE OF RAJASTHAN [LAWS(SC)-2009-5-124] [REFERRED TO]
MEENU YADAV VS. STATE OF M.P [LAWS(MPH)-2019-3-220] [REFERRED TO]
GIRRAJ VS. STATE OF M.P. [LAWS(MPH)-2020-6-45] [REFERRED TO]
MAHESH TEWARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-9-9] [REFERRED TO]
ZAKIA AHSAN JAFRI VS. STATE OF GUJARAT [LAWS(SC)-2022-6-21] [REFERRED TO]
ARIJIT BAGCHI VS. STATE [LAWS(MAD)-2017-12-226] [REFERRED TO]
SHARIFF AHMED VS. STATE NCT OF DELHI [LAWS(SC)-2009-4-83] [FOLLOWED ON]
DES RAJ VS. STATE OF PUNJAB [LAWS(SC)-2007-9-108] [REFERRED TO]
VARUN YADAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-9-5] [REFERRED TO]
AVADHESH SINGH TOMAR AND ORS. VS. STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2015-4-104] [REFERRED TO]
KAILASHI BAI VS. STATE OF MP [LAWS(MPH)-2017-12-267] [REFERRED TO]
PANDURANG S/O TUKARAM THAKARE VS. STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2016-10-202] [REFERRED TO]
SUBHAMOY GUPTA VS. STATE OF ASSAM [LAWS(GAU)-2013-6-1] [REFERRED TO]
RANDHIRSINH DIPSINH PARMAR VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2007-11-36] [REFERRED]
KANTILAL BHIKHABHAI CHAVDA VS. UNION OF INDIA [LAWS(GJH)-2013-9-54] [REFERRED TO]
JUDGEMENT
B.P. Singh, J. -
(1.)Special leave granted in all matters.
(2.)these appeals arise out of three orders passed by the High Court of Bombay, Nagpur Bench, Nagpur in Writ Petition (Crl.) No. 380/2001, a writ petition filed in public interest, dated 10th, 11th and 16th January, 2002. The aforesaid writ petition has been filed by the Maharashtra Antibiotics & Pharmaceuticals Employees Association and others in which a grievance has been made that though the Provident Fund Commission has lodged a complaint against several Directors of the Maharashtra Antibiotics & Pharmaceuticals Ltd. (hereinafter referred to as MAPL), the investigation has made no progress on amount of the fact that the Directors are government servants and enjoy considerable influence. In the aforesaid writ petition the impugned orders have been passed on different dates which are the subject matter of challenge before this Court. Criminal Appeals arising out of S.L.P. (Crl.) Nos. 301-302 of 2002; Criminal Appeals arising out of S.L.P. (Crl.) Nos. 310-311 of 2002 and Criminal Appeals arising S.L.P. (Crl.) Nos. 231-232 of 2002 are directed against the orders of the Court dated 10th January, 2002 and 11th January, 2002. Shri A.K. Dhote, appellant in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 301-302 of 2002 is the Managing Director of MAPL. The appellants in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 310-311 of 2002, Shri J.F. Salve and Sh. Vijay Khardekar are the Directors on the Board of MAPL nominated by the State Industrial and Investment Corporation of Maharashtra Ltd. (hereinafter referred to as the SICOM). Similarly the appellants in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 231-232 of 2002, Sh. M.C. Ambraham and Sh. J.K. Dattagupta are part time Directors of MAPL having been appointed as part time Directors on the Board of Management by the President of India.
(3.)Criminal Appeal arising out of SLP (Crl.) No. 868 of 2002 is directed against the order of the High Court dated 16th January, 2002 and the appellants therein are Shri J.F. Salve and Sh. Vijay Khardekar, who are nominees of SICOM on the Board of MAPL.
(2.)these appeals arise out of three orders passed by the High Court of Bombay, Nagpur Bench, Nagpur in Writ Petition (Crl.) No. 380/2001, a writ petition filed in public interest, dated 10th, 11th and 16th January, 2002. The aforesaid writ petition has been filed by the Maharashtra Antibiotics & Pharmaceuticals Employees Association and others in which a grievance has been made that though the Provident Fund Commission has lodged a complaint against several Directors of the Maharashtra Antibiotics & Pharmaceuticals Ltd. (hereinafter referred to as MAPL), the investigation has made no progress on amount of the fact that the Directors are government servants and enjoy considerable influence. In the aforesaid writ petition the impugned orders have been passed on different dates which are the subject matter of challenge before this Court. Criminal Appeals arising out of S.L.P. (Crl.) Nos. 301-302 of 2002; Criminal Appeals arising out of S.L.P. (Crl.) Nos. 310-311 of 2002 and Criminal Appeals arising S.L.P. (Crl.) Nos. 231-232 of 2002 are directed against the orders of the Court dated 10th January, 2002 and 11th January, 2002. Shri A.K. Dhote, appellant in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 301-302 of 2002 is the Managing Director of MAPL. The appellants in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 310-311 of 2002, Shri J.F. Salve and Sh. Vijay Khardekar are the Directors on the Board of MAPL nominated by the State Industrial and Investment Corporation of Maharashtra Ltd. (hereinafter referred to as the SICOM). Similarly the appellants in Criminal Appeals arising out of S.L.P. (Crl.) Nos. 231-232 of 2002, Sh. M.C. Ambraham and Sh. J.K. Dattagupta are part time Directors of MAPL having been appointed as part time Directors on the Board of Management by the President of India.
(3.)Criminal Appeal arising out of SLP (Crl.) No. 868 of 2002 is directed against the order of the High Court dated 16th January, 2002 and the appellants therein are Shri J.F. Salve and Sh. Vijay Khardekar, who are nominees of SICOM on the Board of MAPL.
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