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Supreme Court of India 2019-11-04 allowed

THE STATE OF MADHYA PRADESH HOME DEPARTMENT vs MAN SINGH

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

The State of Madhya Pradesh challenged a High Court order granting probation to Man Singh, who had forged documents to obtain a job as a Buffalo Attendant. The Supreme Court held that the High Court had no jurisdiction to alter its own sentence through Section 482 proceedings after disposing of the case on merits. Once functus officio, courts cannot review their judgments except for clerical errors. The Court also ruled that probation does not entitle an employee to retain a position obtained through fraudulent documents, and that courts cannot override employers' personnel decisions. The appeal was allowed and the High Court order was set aside."

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Criminal Procedure Probation Jurisdiction Sentencing Document Forgery Employment Law Administrative Law

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