Central Administrative Tribunal Cat Court June 2004 Judgments
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K.V. Ramana Vs. the Director, O/O Director
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Jun-30-2004
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...
K. Satyanandam, Peon Vs. Chairman, Ministry of Railways
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Jun-30-2004
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...
M. Guruprasad Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Jun-22-2004
Reported in: (2005)(3)SLJ328CAT
1. The present O. A. is filed for directing the respondents not to conduct the departmental inquiry till a decision in criminal proceedings is reached.2. The applicant is working as Travelling Ticket Examiner in the Mumbai Division of Central Railway. On 22/23.4.2003 the applicant was on duty in train No. 1093 Dn. According to the applicant a decoy check was conducted by incompetent persons in contravention of the Rules in the Vigilance Manual. As per Vigilance Inspectors version the applicant was accosted at Kasara Station on 23.04.2003 and sought to show the personal and Railway cash. The applicant refused to cooperate with the Vigilance Inspectors. The applicant with a view to avoid detection, pushed the Vigilance Inspectors and the independent witnesses and threatened the Vigilance Inspector. The chargesheet was issued to the applicant. The chargesheet mentioned that the Vigilance Department had a source of information that Travelling Ticket Examiners in train No.1093 Dn. were col...
E. Ananta Reddy Vs. Scientific Adviser to Minister of
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Jun-17-2004
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...
Mahaboob Basha (Sk.) Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Jun-17-2004
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...
Ajai Kumar JaIn Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Jun-16-2004
Reported in: (2005)(1)SLJ377CAT
1. The present O.A. is filed for quashing the order of suspension of the applicant dated 17.6.2000 and issuing direction to respondents to allow him to reinstate and join service of Additional Commissioner of Police, Central Region, Mumbai with immediate effect and the arrears of subsistence allowance as per Rules with effect from 17.6.2000 along with interest at the rate of 15% per annum.2. The applicant's case is that he joined the Indian Police Service (IPS) in the year 1982 as a Supy. Asstt. Superintendent of Police and was confirmed into IPS on 1.9.1984. He was working as an Additional Commissioner of Police, Central Division, Mumbai at the relevant time.He was served with the suspension order on or about 18.6.2000. He could know about the reasons only after going through the FIR filed by one Sanjiv Kokil, an Inspector attached to the Byculla Police Station, which falls within the administrative jurisdiction of Byculla Division headed by Assistant Commissioner of Police falling u...
Dilip Kumar Rabidas Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Jun-15-2004
Reported in: (2005)(2)SLJ280CAT
(i) To set aside the memorandum of charge sheet dated 12.5.1997, impugned order of penalty dated 12.12.2002 and the impugned appellate order dated 22.8.2003. (ii) To direct the Appellate Authority to condone the delay in preferring the appeal and further to direct the Appellate Authority to pass reasoned order on merit of the appeal. (iii) To direct the respondents to promote the applicant to the post of Senior Superintendent (stores) at least from the date of promotion of his immediate juniors with all consequential benefits. While the applicant was working, as Junior Superintendent, Government Medical Stores Depot, Guwahati, a surprise check of stock of medicines was conducted by the Central Bureau of Investigation (CBI for short) authority on 11.7.1996 and the following discrepancies were found: "(a) Shortage of 53,770 nos. of Tab.Pyrimetharnine Sulphadoxine Combination (250mg) valued Rs. 51,081.50 in NMEP Section. (b) As per declaration in Bincard No. 67204, the stock of tablet Py...
D.S. Chauhan Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Jabalpur
Decided on: Jun-14-2004
Reported in: (2005)(1)SLJ353CAT
1. By filing this original application, the applicant has sought the following main reliefs: "(i) to quash the order dated 1.4.98 (A-3) to the extent it grants the Selection Grade to the applicant w.e.f. 1.4.97. (ii) to direct the respondents to award Selection Grade to the applicant w.e.f. Feb/Mar 1996. (iii) to quash the memo dated 23.12.99 (A-5), rejecting the representation of the applicant, as being void, illegal and arbitrary. (iv) to quash the supersession orders dated 14.6.2000 and 17.7.2000 (A-6 & A-7) by which the respondents No. 3 to 11 have been awarded the Selection Grade to the detriment of the applicant as being void, illegal and arbitrary. (v) to direct the official respondents to grant the Super Time Scale to the applicant w.e.f. the date his juniors (respondent Nos. 3 to 11) have been awarded the Selection Grade i.e. 14.6.2000." 2. The brief facts of the case are that the applicant was appointed to the Indian Administrative Service (for short 'IAS') by promotion ...
T.S. Sarma Vs. Director, Ministry of Mines and
Court: Central Administrative Tribunal CAT Hyderabad
Decided on: Jun-10-2004
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...
T.P. Gopalakrishnan Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT
Decided on: Jun-02-2004
Reported in: (2005)(3)SLJ66CAT
1. Shri T.P. Gopalakrishnan, Member of Indian Ordnance Factories Service an organised Group 'A' Service under the Department of Defence Production and Supplies, Ministry of Defence, retired on attaining the age of superannuation w.e.f. 31.8.2003, filed the present application, seeking the following reliefs: "(1) Quash the impugned O.F. Board reversion Order No. 401/A/G dated 2.4.2003 (A-6) issued by respondent No. 2 reverting the applicant from the post of Senior General Manager/HAG in the pay scale of Rs. 22400-24500/ to General Manager/SAG in the pay scale of Rs. 18400-22400/- retrospectively, giving adequate publicity within the department and publish an order confirming that the applicant held the post of Sr. GM, in the scale of 22400-24500/- continuously from 3.2.2003, till the date of his superannuation. (2) Direct the respondents to restore the pay of the applicant at Rs. 22925/- p.m. w.e.f. 3.2.2003, refund the recoveries made, as will be the necessary outcome of (i) above and...
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