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Central Administrative Tribunal Cat Court April 1999 Judgments

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Apr 29 1999

S. Shiva Kumar Vs. Supdt. of Post Offices and ors.

Court: Central Administrative Tribunal CAT

Decided on: Apr-29-1999

1. One S. Gangaraju, who was working as Extra Departmental Branch Postmaster was put off duty as a disciplinary inquiry was contemplated against him, by order dated 11.6.97. As the regular postmaster was kept under suspension, to attend to the day-to-day work, the applicant was given charge of the post of Branch Postmaster on 13.6.97. Annexure A2 is the memo showing the handing over the charge to the applicant. It is not disputed that no order of appointment as such has been issued to the applicant. But on the same day, the department also wrote to the Employment Exchange to send the list of names for making provisional appointment to the post of Branch Postmaster. The Employment Exchange did not sponsor any candidate before the last date given for that purpose. A public notification dated 24.7.97 was issued locally calling for applications from eligible candidates. The applicantas well as the 4th respondent Mahadevaiah and some others filed their applications. By Annexure A3 dated 16...


Apr 29 1999

S.V.K. Mahesh Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Hyderabad

Decided on: Apr-29-1999

1. The respondents are sought to be directed to re-engage the applicant and to grant him all benefits following such re-engagement. The applicant was appointed on 14.10.1991 for the post of "Greaser" in the office of the Commissionerate of Customs and Central Excise, Visakhapatnam.2. By an Office Order dated 1.12.1993 some of the casual employees were granted temporary status with effect from 1.9.1993. As regards the applicant before us, upon a complaint lodged by one Ms. Maramma, Visakhapatnam Police apprehended him on 27.8.1992 and remanded him to judicial custody till 4.9.1992. The applicant claims to have brought these facts to the notice of the Department on 8.9.1992. However, on the ground that the applicant was allegedly involved in a criminal case he was disengaged and terminated. The representation submitted by him did not yield any result and the post which fell vacant on removal of the applicant was sought to be filled up by securing candidates from the Employment Exchange....


Apr 21 1999

D. Thankachan Vs. Director of Postal Services

Court: Central Administrative Tribunal CAT Ernakulam

Decided on: Apr-21-1999

1. This application is directed against the order dated 4.6.98 (A.8) issued by the respondent calling upon the applicant to submit his fresh written statement of defence to the Memorandum of Charges dated 12.11.96 proposing to continue the disciplinary proceedings on the ground that the Criminal Court has acquitted him giving benefit of doubt. The applicant seeks a declaration that the respondent is not competent to proceed with the enquiry in respect of the charges levelled against him in Annexure. A.3 Memorandum of Charges after his acquittal on merits by the Criminal Court in respect of the same set of facts and allegations in a full dress enquiry. The foundation of the criminal prosecution against the applicant as also the initiation of the disciplinary proceedings by A.3 Memorandum of Charges was that the applicant had while working as SPM Kulathupuzha on 19.12.1995 beat up Shri L. Mohanan Achary, SDI, Punalur while the latter was taking meals in the tiffin room of Kulathupuzha S...


Apr 20 1999

Mohd. Alam Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Decided on: Apr-20-1999

1. This is an application under Section 19 of the A.T. Act, 1985, praying to absorb the applicant on work as Time Scale Workman under the respondent Railways (N.E. Railways), and also to quash the order, dated 2nd April, 1994, passed by respondent No. 4, whereby, an approval to re-engage the applicant was sought for from respondent No. 3.2. On factual score, the matter was as simple as it could be, it was only this much that the applicant was initially engaged as Casual Labourer on 16th November, 1975, and worked as such, upto 15th August, 1997, under the respondent Railways. He was also given time scale of Rs. 196-232/- w.e.f. 17th March, 1976, as per office order, dated 23rd August, 1993, issued by the respondent no. 3, Assistant Engineer, N.E.Railways, Muzaffarpur. These facts were not denied by the respondents.3. On the uncontroverted facts, as noticed in preceding paragraph, the applicant has contended, inter-alia, that he was entitled to re-engagement and also for regularisation...


Apr 15 1999

G. Veeraraghavan, I.P.S. Vs. State of Tamil Nadu and anr.

Court: Central Administrative Tribunal CAT Madras

Decided on: Apr-15-1999

1. The applicant has come up before this Tribunal challenging the orders dated 13.8.97 and to set aside the order dated 16.10.98 of the first respondent and also seeks a direction to the first respondent to promote the applicant as Director General of Police with effect from 1.8.97 with all consequential benefits including seniority over the second respondent.2. The facts of the case which led to the filing of this application are; The applicant belongs to the 1965 batch of I.P.S. Officers in Tamil Nadu and he is the senior most among the 3 senior officers of the 3965 batch. A vacancy in the post of Director General of Police arose consequent on the retirement of Mr. Walter Issac Devaram on 31.7.1997 and on that day itself, the applicant made a representation to the first respondent stating that he should be considered for promotion to the said vacancy. The applicant also refers to the Orders of the Government of India and instructions of the Government of India with regard to the pro...


Apr 13 1999

Ajit Datt Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Decided on: Apr-13-1999

1. The applicant, being a Member of the Indian Police Service, assigned to the State cadre of Bihar, has come-up with this O.A. with the solitary prayer that the respondents be directed to consider his case for promotion, adhoc or otherwise, in the rank and pay of Inspector General of Police in the State of Bihar Cadre of Indian Police Service and to promote him accordingly.2. On factual score, be it recorded only this much that the Central Bureau of Investigation lodged a First Information Report on November 13,1986, against the applicant and some others which resulted into registration of a case, being R.C. No. 45 of 1986, corresponding to Special Case No. 81/86 for the offences under Sections 409/420/ 467/477 (A) &120 (B) of the Indian Penal Code, read with Section 5(1)(c)(d) & 5(ii)of the Prevention of Corruption Act. The allegation, against the applicant, just for reference, was that he ordered for purchase of certain items which were meant to be purchased by the Police H...


Apr 09 1999

Gopal Sarkar Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Hyderabad

Decided on: Apr-09-1999

1. Heard Mr. R. Briz Mohan Singh, learned Counsel for the Applicant, Mr. V. Rajeshwara Rao, learned Standing Counsel for the Official Respondents, and Mr. Siva for Mr. N. Rammohan Rao, learned Counsel for the Private Respondents 3 and 4.2. The applicant in this OA applied for the post of Technical Officer through UPSC and he was selected by proceedings No.SPP/AI/TO-GS/92/2530, dated : 4-9-1992 (Annexure. A1 to the OA), and was posted as Technical Officer under Respondent No. 2 Organisation in the scale of pay of Rs. 2000-3500/-. Rejoined that post on 1-10-1992 and is continuing in that post till now. In the Memorandum dated : 4-9-1992, the condition of his seniority is stated as "His seniority will be as per inter-se seniority" 3. The recruitment rule to Group- 'A' and Group-'B' posts in the Security Printing Press, Hyderabad, was notified by the Notification No. F. 12(21) 82 Cy., dated 5-8-1985 (Annexure. A-5, page 20 to the OA). The rules under that notification is called as "the Se...


Apr 05 1999

Smt. Sudheshwari Devi and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Decided on: Apr-05-1999

1. A claim of appointment on compassionate ground has been set-forth in the instant case which has been contested by the respondent Railways on the ground that the claim was not covered under rules and circulars of the Railway Board on the subject.2. The relevant facts of the case were, however, not in dispute. It was an uncontroverted case of the applicants that one Baidyanath Chaudhary, R.G. Station Master, N.E. Railways, Karha Gola, being the husband of applicant No. 1 and father of applicant no. 2, was serving under the respondent no. 3, Senior Divisional Manager, N.E. Railways, Sonpur, and he met a train accident in the intervening night of 39/31st January, 1995, by Train No. 534 Down. In this accident, Baidyanath Chaudhary, got both of his feet amputated on the spot of accident. Baidyanath Chaudhary was to superannuate on the next following day i.e. on January, 1995. It is said that the accident took place the mid-night of 30/31st January, 1995, while he was coming back from Son...


Apr 05 1999

Rajendra Sharma Vs. State of Bihar Through Chief

Court: Central Administrative Tribunal CAT Patna

Decided on: Apr-05-1999

1. The sole applicant, Rajendra Sharma, has sought for a relief to quash an order of withdrawal of the special pay, which he had already drawn being an officer of Indian Police Service cadre posted as Superintendent of Police (Explosive) in the State of Bihar for the period from 05.12.1986 to 01.02.1990, and also for a direction upon the respondents to repay the deducted amount with interest thereon. It may be mentioned here that infact, there was no specific order of the State Government of Bihar for deducting any amount from the pay of the applicant. It so happened, that in the year 1990 when an authority slip, commonly known as Pay/Leave Salary Slip, was issued by the Accountant General, Bihar (Respondent No. 4) authorising the applicant to draw salary on different counts for the period 29.10.1982 to 01.2.1991 and onwards, less the amount already drawn, vide pay slip dated 04.04.1990, he was authorised to draw, special pay either @ Rs. 200/ per month or Rs. 400/- per month during t...


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