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Rup Kishan Agha Vs. Secy. of State

Court : Allahabad

Subject : Service

Reported in : AIR1943All56

appeals were withheld by the Local Government, These appeals, the plaintiff alleges, were under Rule 57, Civil Services (Classification, Control and Appeal) Rules. He thereupon prepared an appeal to the Secretary of State in Council and submitted it to the Local … order passed by an authority in India -- (a) imposing upon him any of the penalties specified in Rule 49; ....58 (1). Every member of a service other than a subordinate service shall be entitled to appeal to

Priya Gupta Vs. General Manager, North Eastern Railway, Gorakhpur

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 16, 226, 311, 310 and 311(2); Allahabad High Court Rules - Rule 1(2); ;Evidence Act, 1872 - Sections 60; Railway Establishment Code - Rule 143, 148, 148(3) and 148(4); Contract Act, 1872 - Sections 23; Civil Service (Classification, Control and Appeal) Rules - Rule 49

Reported in : AIR1959All643

to the conclusion to which they arrived had considered the provisions of Rule 49 of the Civil Service (Classification Control and Appeal) Rules, which are as follows : '49. The following penalties may, for good and sufficient reason and as hereinafter

CaptaIn R.S. Saxena Vs. State of Gujarat and anr.

Court : Gujarat

Subject : ServiceConstitution

Acts : Constitution of India - Articles 311, 311(2) and 313; Government of India Act, 1935 - Sections 241(2); Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 49

Reported in : AIR1964Guj145; (1964)GLR386

(2) That the case of the petitioner was governed by Rule 49, Explanation 2 of the Civil Services (Classification, Control and Appeal) Rules, 1930, reproduced in Appendix I at page 13 of the Bombay Civil Service Conduct, Discipline and Appeal Rules;

Shyam Lal Vs. State of U.P. and anr.

Court : Allahabad

Subject : ConstitutionService

Acts : Constitution of India - Article 311; Civil Service Regulation - Rules 49, 465A, 465A(2) and 649; ;Civil Service (Classification, Control And Appeal) Rules - Rule 7; Government of India Act, 1935 - Sections 247 and 250; Fundamental Rules - Rule 55

Reported in : AIR1954All235

(b) reduction in rank, The word 'removal' was not used in the Government of India Act, 1935.13. Under Rule 49 of the Civil Service (Classification, Control and Appeal) Rules several kinds of punishments could be inflicted for good … reduction in rank', it reminds us of the identical phrase used in Rule 55 of the Civil Service (Classification, Control and Appeal) Rules. Rule 55 says : 'Without prejudice to the provisions of the Public Servants Inquiries Act, 1850, no order of

The High Court, Calcutta Vs. Amal Kumar Roy

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 14, 16(1), 235, 311(2) and 320(3); Assam Civil Courts Act; Government of India Act, 1935 - Sections 255; Civil Services (Classification, Control and Appeal) Rules - Rules 49 and 55-A

Reported in : AIR1962SC1704; [1963]1SCR437

not by way of disciplinary action, or of imposing a penalty, within the meaning of clause (ii) of rule 49 of the Civil Services (Classification, Control and Appeal) Rules, the High Court actually withheld the plaintiff's promotion as … the plaintiff to show cause, under Article 311(2) of the Constitution, or rule 55-A of the Civil Services (Classification, Control and Appeal) Rules, as to why his promotion should not be withheld. As a matter of fact, the High Court never

Ghanashyam Tiwari Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Service

Acts : Bihar Civil Services (Classification, Control and Appeal) Rules - Rule 49(A)

Reported in : 2007(2)BLJR2189; [2007(3)JCR654(Jhr)]

period. The writ petition(s) are, accordingly, allowed. However, there is no order as to costs. Bihar Civil Services (Classification, Control and Appeal Rules, Rule 49(A)-(After amendment)-Suspension-Quashing of-No subsistence allowance paid-Petitioner put under suspension suddenly-Contention-Suspension order by department that is neither appointing nor

Dr. Kanshi Ram Anand Vs. the State of U.P. and anr.

Court : Allahabad

Subject : Service

Acts : Uttar Pradesh Public Health Service Rules - Rules 11, 19, 20 and 21; Constitution of India - Article 311; Civil Service (Classification, Control and Appeal) Rules - Rules 49 and 55

Reported in : AIR1956All330

Rules does not apply to the case of the present petitioner.Reliance has been placed on the explanation to Rule 49 of the Civil Services (Classification, Control and Appeal) Rules which provides that:'The termination of employment: (a) of a … been terminated as a sequel to any disciplinary proceedings, the provisions of Section 55 of the Civil Services (Classification, Control and Appeal) Rules were not applicable to him and as he had not put in the prescribed period of qualifying service,

The State of Madhya Pradesh Vs. Ladli Saran Sinha

Court : Madhya Pradesh

Subject : ServiceConstitution

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11; Constitution of India - Articles 226, 311 and 311(2); Civil Service (Classification, Control and Appeal) Rules - Rule 49; Bhopal and Vindhya Pradesh (Courts) Act, 1950 - Sections 31

Reported in : AIR1958MP326; (1959)ILLJ41MP

order reducing the plaintiff in rank, it was illegal and ultra vires as it was made contrary to Rule 49 of the Civil Service (Classification, Control and Appeal) Rules without there being good and sufficient reasons for it; … the conduct of Ladli Saran by the Chief Secretary in accordance with the provisions of the Civil Services (Classification, Control and Appeal) Rules. An enquiry was accordingly held. During the course of enquiry Ladli Saran cross-examined the witnesses produced to support

Bishwanath Singh Vs. Bihar State Electricity Board and ors.

Court : Patna

Subject : ServiceCivil

Acts : Pension Rules; Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 49

Pension Rules. The punishment during the service period has been prescribed under Rule 49 of the Civil Services (Classification, Control and Appeal) Rules i.e. such punishment can be awarded only when the delinquent is in service. After his retirement no such

Anand Mohan Tripathi Vs. the Bihar State Electricity Board and ors.

Court : Patna

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43, 135, 138, 139 and 139(C); Civil Service (Classification, Control and Appeal) Rules - Rules 49 and 55A; Constitution of India - Article 311 and 311(2)

while he was in service and is ex facie covered by Rule 49 (iv) of the Civil Service (Classification, Control and Appeal) Rules (hereinafter referred to as the 'CCA Rules') which is applicable to the category of employees to which the