Central Administrative Tribunal Cat Court February 2003 Judgments
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S. Shankar Rao Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT
Decided on: Feb-21-2003
Reported in: (2004)(3)SLJ274CAT
1. The applicant is aggrieved by the penalty orders issued by the respondents, that is the Disciplinary Authority's order dated 13.7.1994 and the Appellate Authority's order dated 9.11.1998. The Appellate Authority's order and Revisional Authority's order impugned in this application have been passed after the Tribunal had disposed of an earlier application (O.A. 2011 of 1995) filed by the applicant, by order dated 1.8.1997.2. As mentioned above, this is the second round of litigation of the applicant. By Tribunal's order dated 1.8.1997, the earlier order passed by the Appellate Authority dated 21.11.1994 as also the order of the Revisional Authority dated 28.3.1995 were quashed, with a direction to the Appellate Authority to consider the appeal filed by the applicant de-novo keeping in view the observations made in the order and also the decision of the Hon'ble Supreme Court in Ramchander v. Union of India and Ors., AIR 1986 SC 1173=1986(2) SLJ 249 (SC). It had been observed by the T...
K.N. Vadiraj Vs. Divisional Commercial Manager
Court: Central Administrative Tribunal CAT
Decided on: Feb-19-2003
Reported in: (2004)(1)SLJ355CAT
1. The applicant has impugned the action of the respondents in imposing the penalty of dismissal from service by the Disciplinary Authority's order dated 24.7.2000, against which his appeal has also been rejected by order dated 18.4.2001. In pursuance of the Tribunal's order dated 10.10.2001 in O.A. No. 302/2001, the applicant had submitted a revision petition which has also been rejected by the Revisional Authority vide order dated 8.1.2002.2. The brief relevant facts of the case are that the applicant, while in service had been allotted Railway Quarter No. 12-G at Dhanwad on 18.5.1992. On 14.5.1994, a vigilance check was conducted by the respondents of the quarter and the respondents have submitted that they found that 3 persons were staying there, instead of the applicant. They have stated that when the checking was done, the applicant was not found in the house and the vigilance officer had taken the statement from some of the persons staying in the aforesaid Railway Quarter. On d...
H.M. Sadashivaiah and ors. Vs. the Chief Engineer, Cauvery and
Court: Central Administrative Tribunal CAT
Decided on: Feb-19-2003
Reported in: (2004)(1)SLJ31CAT
1. Seven applicants in this set of O.As., who were working as seasonal Khalasis in the Central Water Commission filed under Section 19 of the Administrative Tribunals Act, 1985, have prayed for the following reliefs: (i) To direct the respondent to grant the status of seasonal Khalasis on the applicants as per the Scheme 1997 and further direct the respondents to regularise the applicants for the post of work charged Khalasis, relaxing upper age limits if any, having regard to the services rendered by the applicants for such a long period and having regard to the fact that applicants were found eligible at the time of their initial appointments as seasonal Khalasis in the interest of Justice and equality. (ii) Grant such other reliefs as this Hon'ble Tribunal deems fit in the facts and circumstances of this case, in the interest of justice and equality." 2. The aforementioned O.As. were allowed by this Tribunal vide order dated 30th August, 1999 with a direction to the respondents to ...
Asha Sharma and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Chandigarh
Decided on: Feb-17-2003
Reported in: (2003)(3)SLJ345CAT
1. With a view to fill up the posts of Hostel Superintendents in the pay scale of Rs. 5,800-9,200 on temporary basis, the Director of Public Instructions (Colleges), Chandigarh Administration, respondent No. 3 invited applications by issuing a public notice published on 1.8.1999 (Annexure A-2). The candidature of Applicant Nos. 1 and 3 namely Mrs.Asha Sharma and Ms. Sunita was sponsored by the employment exchange while applicant Nos. 2 and 4 namely Ms. Narinder Kaur Nagi and Mrs.Jatinder Kaur Narang, applied directly pursuant to the aforesaid advertisement. The essential qualifications for the post was M. A. IInd Division with atleast 50% marks and three years' experience as Hostel Supreintendent in any College. Preference was to be given to the candidates who have completed Dietician Course and have the degree in Home Science. It appears that sufficient number of applicants with the above essential qualifications were not available and, therefore, the posts were re-advertised on 1.11...
Harsh Vardhan Vs. Govt. of Nct of Delhi and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-14-2003
Reported in: (2004)(3)SLJ199CAT
1. This combined order seeks to dispose of the four O.As. all challenging the repatriation of the applicants, who were depuationists with Government of NCT of Delhi to their parent Organisations.2. All the O.As. were heard together when Mr. Balraj Dewan, learned Counsel appeared for the applicants, Smt. Avnish Ahlawat with Shri Mohit Madan represented the respondents-Government of NCT of Delhi and Smt. B. Rana with Ms. Manu Lall represented the UPSC.3.1 O.A.-845/2002- the applicant (Shri Harsh Vardhan) holding M.Sc.Degree along with Diploma in Document Examination from the National Institute of Criminology and Forensic Science (NICFS), who joined as Scientific Assistant (Document) in the Forensic Science Laboratory (FSL). Madhuban, Karnal Haryana, became a Senior Scientific Assistant in April, 1986 and came over on deputation basis as Senior Scientific Officer (Document), with Forensic Science Laboratory (FSL), Delhi on 3.11.1995. He applied for absorption in the borrowing Organisatio...
G. Vivekanand Swamijee Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-14-2003
Reported in: (2004)(3)SLJ182CAT
1. The applicant in this case, is aggrieved that following his success in the Combined Engineering Services Examination, 1995 (CESE 1995), he has not been allotted to his parent Department, i.e., CPWD/Central Engineering Service (CES).2. Heard Mr. Dalip Singh, learned Counsel for the applicant and Mr.E.X. Joseph, learned Senior Advocate with Mr. Rajinder Khatter for the respondents.3. Shri G. Vivekanand Swamijee, the applicant joined CPWD as a Junior Engineer (JE) on 7.4.1984 and was promoted as an Assistant Engineer (AE) on 17.9.1993. He appeared as a departmental candidate in the Central Engineering Service Examination, 1995. He was granted age relaxation under Rule 5 (b) of the Examination Rules, being a departmental candidate. He had given his preference for appointment in the CES/CPWD. When the results on CESE 1995 were announced, the applicant's name was missing. However, after three years, in March, 1998, following a police inquiry on applicant's antecedents, he represented to ...
Phuleswar Prasad Verma Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Feb-11-2003
Reported in: (2003)(3)SLJ19CAT
1. This case has a chequered history of litigation. In order to understand the' grievance of the applicant it is necessary to state very briefly the background facts.2. The applicant joined service under the Eastern Railway as Clerk, Gr.II on 8.9.1956. After passing departmental examination, he was promoted to the post of Clerk, Gr. 1 and posted in the office of the Chief Accounts Officer at Fairle Place with effect from 11.5.1959 and was confirmed w.e.f. 10.10.63. The applicant went on leave from 7.10.1970 and left for his home town in Bihar during the Puja holidays. It is alleged that the applicant had been suffering from piles and hence he could not join his duties after the Puja holidays, and reported sick.It is his case that from his native place he had been sending leave applications with medical certificate and in the absentee statement issued by the office, against his name a remark "Reported sick" was shown. It is stated that in October, 1972 the applicant was declared fit by...
R.P. Jadeja Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Ahmedabad
Decided on: Feb-07-2003
Reported in: (2004)(1)SLJ138CAT
1. The applicant who was working as an Inspector of the Central Excise and Customs under the respondent No. 3 was served with a charge sheet on 5.12.94 under Rule 14 of the Central Civil Services (CCA) Rules, 1965 levelling imputations of misconduct as well as failure to maintain absolute integrity and devotion to duty and attempted to influence the DRI Officer etc., and on the applicant denying the charges levelled against him the departmental inquiry in the charges was held against him. The inquiry officer submitted his report on 23.5.97 and the same was communicated to the applicant on 23.7.97. The inquiry officer had held that out of the three charges leveled against the applicant two were proved and the third one was not proved. The applicant submitted his representation against the inquiry officer's report to the disciplinary authority on dated 5.9.97. The disciplinary authority thereupon imposed the punishment of dismissal from service on the applicant vide his order dated 7.10...
P.R. Gurumurthy and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT
Decided on: Feb-07-2003
Reported in: (2004)(2)SLJ50CAT
1. Six applicants, who were initially appointed as Tracers in the pay scale of Rs. 260-350 in the office of Respondent ('R' for short) No. 3 have filed the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, and have prayed for the following reliefs: "(i) Direct the respondents to revise the pay scales on par with the draughtsmen in other departments in terms of Ministry of Finance O.M. dated 13.3.84 (Annexure A-3) and 19.10.94 (Annexure A-4), while quashing the Office Memorandum No. NAL/5(20) Vig-2000 dated 4.9.2001 (Annexure A-14). (ii) While declaring the action of the respondents in not extending the benefits of revision of pay scales is arbitrary, discriminatory. Direct the respondents to extend the corresponding raising scales in all grades. (iii) Direct the respondents to draw arrears of pay and other allowances to the applicants consequent upon such revision of pay scales as prayed for hereinabove with interest. (iv) Pass any other order or direction as de...
Rishi Prakash Tyagi Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-06-2003
Reported in: (2004)(3)SLJ105CAT
1. Shri Rishi Prakash Tyagi, applicant in this O.A. challenges respondents' Order No. 52216-40/CB-I, dated 26.6.2000, intimating that his case among those of a few others have been placed in the sealed cover and seeks that he be promoted to the Grade II of DANIPS, after opening the sealed cover and granted all consequential benefits.2. During the oral submissions the applicant was represented by Mr.Arun Bhardwaj while the respondents were heard through Mr. N.S. Mehta, Sr. Standing Counsel alongwith Mrs. Sumedha Sharma.3. The applicant who joined as Sub-Inspector in Delhi Police on 25.3.66, became an Inspector on 19.8.80 and was confirmed as such on 28.6.85. A criminal complaint was filed against him, along with a few others including another Inspector K.P. Singh on 26.11.87. Applicant was summoned on 2.4.94, by the Metropolitan Magistrate on 2.4.94, and his revision application against the same was rejected on 7.4.98, but the same order was stayed by the Hon'ble Delhi High Court on 30...
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