Central Administrative Tribunal Cat Court December 2007 Judgments

Ravinder Kumar, Ips (Retired) S/O Vs. Union of India (Uoi), Through th ...

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A., applicant has challenged letter dated 7/10th July, 2006 (page 8) whereby his request for payment of revised leave encashment has been rejected on the ground that he had never reported at Shimla and had requested for change of headquarters from Shimla to Daroh but the same was rejected vide Governments letter dated 13.2.1998. He has also challenged letter dated 20.03.2007 whereby his appeal was rejected informing him that he was not entitled for joining time (page 10).2. It is submitted by the applicant that he was a member of the Indian Police Service belonging to the 1977 batch of the Himachal Pradesh cadre. He stands compulsorily retired w.e.f. 22.03.2004. He was placed under suspension w.e.f. 07.07.1997 vide order dated 7.7.1997 (page 12) and was reinstated vide order dated 4.6.1998 (page 13). Respondents were required to regularize the period of suspension on his reinstatement, but it was regularized after his retirement vide order dated 29.04.2006 (page 14) where...

Dr. Kunal and Pragatee Ngo Through Vs. Government of Nct of Delhi Thro ...

Court: Central Administrative Tribunal CAT Delhi

1. A walk-in interview for filling up eight posts of Assistant Professor and six posts of Demonstrator in Maulana Azad Dental College and Hospital was notified by way of public notice issued on 26.7.2005 by the Health and Family Welfare Department of the Government of NCT of Delhi. The last date of applications was fixed as 30.7.2005. After scrutiny and other necessary formalities, interviews were conducted by H&FW Department on 1.8.2005. The interview board consisted of Principal Secretary, H&FW (Chairman); Dr. N.C.Rao, Principal, Government Dental College, Shimla (Member); Dr. Mahesh Verma, Principal MADC & Hospital (Member); and Dr. A. D. Bhagat Singh, Professor, MADC & Hospital (SC-ST Member). One post each for Assistant Professor and Demonstrator was reserved for SC candidates. In August, 2005 the result was declared and whereas, Dr. Gyanender Kumar, the 4th respondent herein, was selected for the lone post reserved for SC category candidate, the applicant was sho...

Sub Inspector Sanjay Kumar Gaur Vs. Government of Nct of Delhi Through

Court: Central Administrative Tribunal CAT Delhi

1. Applicants, SI Sanjay Kumar Gaur in OA No. 1908/2006; HC Vijender Singh, Const. Satvir Singh and Const. Satish Kumar in OA No. 1949/2006; and Const. Parmender Singh in OA No. 1969/2006, faced a joint departmental enquiry. The enquiry officer in his detailed report dated 15.3.2005 (Annexure A-5) held that the charges served upon them could not be substantiated. The disciplinary authority, however, after recording a note of dissent dated 10.11.2005 (Annexure A-2), and after hearing the applicants held the charges framed against them as proved and vide order dated 13.3.2006 (Annexure A-3) ordered their dismissal from service with immediate effect. Their suspension period from 3.9.2004 to 28.8.2005 was ordered to be treated as not spent on duty for all intents and purposes. The appellate authority vide order dated 7.8.2006 (Annexure A-4), however, while confirming the guilt against the applicants, modified the punishment of dismissal from service to that of forfeiture of two years appr...

R. Chandramouli Vs. the Director (Vt) and ors.

Court: Central Administrative Tribunal CAT

Reported in: (2008)(98)SLJ352CAT

1. The applicant herein is presently working as General Manager (Marketing and Admn.) in the office of the Chief General Manager, Telecom, Karnataka Circle, Bangalore. He has filed this 0.A. with a prayer to quash and set aside the charge sheet dated 13.8.2003, the punishment order dated 17.1.2004 and the appellate order dated 24.5.2005.2. The brief facts of the case as in the O.A. are: While the applicant was working as Deputy General Manager (Operations) in Vijayawada Telecom District of Andhra Pradesh Telecom Circle, during 1999-2000, he chaired a Tender Evaluation Committee (TEC for short) which met on 10.11.1999 to negotiate with the tenderer and to make recommendations on the demands made by him for supply of motor vehicles on hire basis.The committee was set up by the General Manager, Vijayawada Telecom District (TD). The committee had recommended an increase of Rs. 3.50 in the rates which were provisionally offered to the tenderer and the same were accepted by the Competent Au...

Pran Nath S/O Late Tulsi Das Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A., applicant has challenged order-dated 16.8.2007, which was passed pursuant to the direction given by this Tribunal in OA No.875/2007 (page 26).2. It is stated by the applicant that he was a permanent employee of the respondents. He worked from 9.8.1957 till 16.12.1975 when it was detected that he was suffering from Asthma, which ultimately took the shape of acute/chronic disease. He also developed heart problem and had to undergo constant treatment either with the Railways or at times with private medical practitioner since 1974-75, as a result of which he could not resume his duties. He had been sending applications for leave duly supported by medical certificates. He had even requested for change of his place of posting, but his request was not acceded to. He finally reached the age of superannuation on 31.08.1997, but neither respondent had given any reply nor was any notice issued denying sanction of leave. He had not been paid any salary. He was surviving only on ...

Sumer Kumar Datta Vs. Government of Nct of Delhi and anr.

Court: Central Administrative Tribunal CAT Delhi

Reported in: (2008)(98)SLJ395CAT

1. The following two orders are being assailed in this O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 : (i) order dated 12.02.2007 of Home (Police II) Department of the Government of NCT of Delhi (GNCTD) rejecting the applicant's representation dated 22.08.2006 (Annexure-1) and (ii) the order dated 10.06.2005 by which the applicant has been sanctioned pay scale of the post of Director of Prosecution only from 17.05.2000 to 17.05.2001 (Annexure-IA).2. The applicant retired on superannuation on 30.04.2004 from the post of Director of Prosecution, GNCTD. He had joined the prosecution branch of GNCTD on 15.03.1967 as Prosecuting Sub-Inspector and in due course of time rose to become Chief Prosecutor in the scale of Rs. 2775-4000 (pre-revised) with effect from 17.05.1995 on regular basis. The next higher post in the cadre was Director of Prosecution. When the incumbent Director retired on 30.11.1995, the applicant, being the senior most Chief Prosecutor was ordered v...

Khyali Ram, Ex-inspector S/O Shri Vs. Government of Nct of Delhi Throu ...

Court: Central Administrative Tribunal CAT Delhi

Reported in: (2008)(2)SLJ379CAT

1. Khyali Ram, the applicant herein, who is Inspector in Delhi Police, through present Application filed by him under Section 19 of the Administrative Tribunals Act, 1985, complains of 17 years of continued harassment and torture meted out to him by the respondents in first not prosecuting but persecuting him in a criminal case and then dismissing him from service invoking provisions of Article 311(2)(b) of the Constitution of India, and when the said order was set aside, to proceed in departmental enquiry against him on wholly made up and frivolous charges. The respondents, on the other hand, have endeavored to show that the applicant who was departmentally tried on extremely grave and serious charges which stood proved in the departmental enquiry held against him, confirmed by the disciplinary and appellate authorities, has yet been given punishment of forfeiture of his two year's approved service, which would be far less commensurate to the misconduct indulged by him. Which out of ...

Dr. A.K. Rai, Consultant and Vs. Union of India (Uoi) Through the

Court: Central Administrative Tribunal CAT Delhi

1. By this OA, applicant has challenged order dated 10.9.2007 whereby respondent No. 4 has been asked to act as Head of Department (HOD) of ENT in supersession of previous orders. He has also sought that applicant should be allowed to continue as HOD of ENT Department.2. The brief facts as stated by the applicant are that applicant and respondent No. 4 both belong to Non-Teaching Specialist Sub-Cadre of CHS. As per the seniority list issued on 1.1.2005 (page 13-23), applicant is shown at Sl. No. 77 while respondent No. 4 is shown at Sl.No. 78 in the said seniority list. The seniority list has never been challenged by respondent No. 4. Therefore, it is admitted fact that applicant was senior to him in the Non-Teaching Specialist Sub-Cadre of ENT. It is stated by the applicant that it was only on 12.9.2000 that applicant was posted at Sardarjung Hospital. Earlier since respondent No. 4 was senior most in Safdarjung Hospital in the ENT Department, he was made HOD w.e.f. 8.9.2000 but afte...

Rajinderjit Singh S/O Late Shri Vs. Union of India (Uoi) Through the

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A., applicant has challenged order dated 18.09.2007 whereby respondents have intimated to him that after order dated 13.04.2007 was issued, the matter was examined at Army HQ and in order to correct the mistake, amendment was issued so that promotion could be done as per due date and availability of vacancy at that point of time vide letter dated 29.05.2007. Accordingly, order dated 21.07.2007 was issued amending the previous promotion order dated 13.04.2007 (page 7).The impugned order was issued pursuant to the direction given by this Tribunal in OA No. 1361/2007 decided on 07.08.2007 (page 21).2. It is stated by the applicant that vide order dated 13.04.3007, he was promoted as Assistant from UDC and in the said order it was clearly mentioned that on promotion they will be posted to the Units mentioned against their names. Applicants name figured at serial No. 20 and was to be posted in 505, ABW, Delhi Cantt (in-situ) (page 10-12). Another letter dated 26.04.2007 was wr...

Smt. Uma Kumari Widow of Late Shri Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

8.1 to allow the O.A. and quash the impugned order dated 14.2.2002 (A-1) and order dated 3.8.2006 (A-II) and consequently; 8.2 to direct the respondents to grant family pension and to refund the GIS installments so recovered from pay bills of the deceased, and also to treat him temporary status railway employee on completion of 120 days in terms of Rule 206, IREM-II, 1990, with interest payable from 1.4.2000 @ 18% p.a. 8.3 to direct the respondents to grant and release compassionate appointment in Group D post in favor of the applicant.However, at the time of arguments, he submitted he would be pressing only the claim of family pension.2. It is stated by the applicant that her husband, Late Shri Udai Pratap Singh, was engaged as casual laborer on 13.1.1982. He was appointed as Mobile Booking Clerk in the grade of Rs. 975-1540/- w.e.f.24.5.1986 at Railway Station Tundla under DRM, Allahabad. He continued to work for more than 14 years as Mobile Booking Clerk. Ultimately, he died on 19....