In State of Bihar Vs. Maharana Pratap Singh, the Hon'ble Patna High Court while setting aside the decision of a single judge bench held that the learned Single Bench appears to have exercised appellate jurisdiction over findings recorded by the Enquiry Officer, the Disciplinary Authority as well as the Appellate Authority, which is impermissible in law, since, while exercising the power of judicial review, only the decision-making process has to be examined and not the merit and demerit of the finding recorded by the Disciplinary Authority. The Court cannot re-appreciate the merits of allegation levelled against the charged officer and return a finding that the same is not made out.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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