Court : Central Administrative Tribunal CAT Hyderabad
Reported in : (2005)(3)SLJ79CAT
1. The applicant filed the present O.A. seeking for declaration that the letter dated 20.6.2003 issued by the respondent No. 3 is illegal, arbitrary and unconstitutional by holding that he is entitled to be placed in a supernumerary post created in the scale of pay of Rs. 825-1200/- 2750-4400/- for the period from 25.6.1996 to 27.3.1997 and for pay and allowances for the said period at the same rate he was drawing prior to medical decategorisation in the said scale of pay; and for absorption in the alternative post/grade in the scale of pay of Rs. 825-1200 / 2750-4450/- with effect from 28.3.1997 consequent on his medical decategorisation as per the provisions of Section 47(1) of the Persons with Disabilities Act, 1995 (for short, the "Act 1995") and also for grant of first stage financial upgradation under ACP Scheme to the scale of pay of Rs. 3050-4450/-with effect from 1.9.1998 along with arrears of pay and allowances, with all consequential benefits such as, arrears of pay and all...
Tag this Judgment!Court : Central Administrative Tribunal CAT Hyderabad
Reported in : (2005)(3)SLJ61CAT
1. The applicant who is a physically handicapped person, challenged the proceedings dated Nil June, 2003 in No. E16/KW/2003-04 on the file of the 2nd respondent and sought for quashing the same including the selection of the 5th respondent to Group-D (Peon) post in the office of the 3rd respondent, as being contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and also opposed to the principles of natural justice, equity and fair play and also vitiated by mala fides and further declare the circulars/letters sub-categorising the Orthopaedically Handicapped as PH-OA, PH-OL, issued by the 1st respondent as also the Comptroller and Auditor General of India as illegal and in violation of the provisions of the Persons with Disabilities Act, 1995, further to declare that the circular of the Comptroller and Auditor General of India dated 20.3.2003 as illegal and in violation of the provisions of the Persons wit...
Tag this Judgment!Court : Central Administrative Tribunal CAT Hyderabad
Reported in : (2005)(1)SLJ328CAT
1. The applicant has filed this O.A. with the prayer to call for the records relating to the impugned orders DOP/10/103053/DMRL dated 8.4.2002 passed by respondent No, 1 and No. CM/1/6/1/1 (MC)/1 dated 13.9.1.2001 passed by respondent No. 2 imposing the penalty of reduction by two stages with cumulative effect and treating the entire period of suspension as not duty for seniority and increments as totally illegal and without jurisdiction and quash the same and consequently for a direction upon the respondents to restore his pay and other consequential benefits, including seniority and arrears and to pass any such order as may be deemed fit and proper by this Tribunal.2. The brief facts of the case are that the applicant was appointed in Defence Metallurgical Research Laboratory in the year 1964. The applicant was placed under suspension on 2.8.1976 and two charge memos were issued to him of the same date for similar allegation that the applicant has preferred false medical reimburseme...
Tag this Judgment!Court : Central Administrative Tribunal CAT Hyderabad
Reported in : (2005)(3)SLJ33CAT
1. Applicant filed the present O.A. seeking to set aside the impugned order dated 17.9.99, passed by the first respondent, proposing to enhance the punishment to one of removal from service by invoking the provisions of Rule 25 of Railway Servants (Discipline and Appeal) Rules, 1968 holding that the action of the first respondent is without jurisdiction and in violation of Articles 14, 20(2) and 21 of the Constitution of India and consequently direct the respondent No. 2 to dispose of the appeal pending by affording personal hearing and to pass a speaking order.2. The facts are relevant for the purpose of disposal of the O.A. are as follows: The applicant while working as Sr. Commercial Clerk, Yadagiri Railway Station, Guntakal Division, 3rd respondent had served a charge memo dated 21/29.7.97 proposing to hold inquiry under Rule 9 of Railway Service (D&A) Rules. The charges alleged against the applicant under the said charge memo issued to him are that (i) while working as Sr. Co...
Tag this Judgment!Court : Central Administrative Tribunal CAT Hyderabad
Reported in : (2005)(2)SLJ245CAT
1. The applicant filed O.A. No. 980/2003 seeking for setting aside the inquiry proceedings conducted by the Inquiry Officer Sri P.M. Tejale and the order passed by this Tribunal dated 19.6.2003 holding the same as invalid and in contravention of the order passed by this Tribunal dated 7.6.2003 and to set aside the final report dated 26.8.2003 submitted by the Inquiry Officer Sri P.M. Tejale to the Director and CVO, Directorate of GSI, Kolkata, holding that the said order is invalid as his appointment as the Inquiry Officer was made pending adjudication of O.A. No. 13/2002 and the final report has been submitted by him in contravention of the orders passed by the Tribunal dated 7.6.2003. The applicant also sought for setting aside the action taken on the said report submitted by the Inquiry Officer Sri Tejale and the impugned orders dated 31.7.2003 passed by the Disciplinary Authority holding the same as illegal, invalid, arbitrary and in contravention of the orders passed by this Trib...
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