Delhi Court October 2006 Judgments

East India Udyog Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. This application under Section 35F of the Central Excise Act, 1944, is heard afresh pursuant to the direction of the Hon'ble High Court contained in the order dated 11.8.2006, setting aside the earlier interim order of the Tribunal made on 20.6.2006 and remanding the matter back to the Tribunal to decide the application afresh in the light of the law laid down by the Hon'ble High Court of Allahabad in Civil Writ Petition No. 1219 of 2003 (I.T.C. Limited v. Commissioner (Appeals), Customs and Central Excise and Ors.2. The applicant has challenged the order in appeal dated 27.12.2004 made by the Commissioner (Appeals) upholding the order-in-original of the Joint Commissioner (Adj.) made on 18.2.2003 by which demand of Central Excise duty amounting to Rs. 7,67,165/- was confirmed under Section 11-A of the Central Excise Act 1944, and penalty of the like amount was imposed on the appellant under Rule 173Q of the Rules of 1944 read with Section 11-AC of the Act, with a direction to pay ...

Commissioner of C. Ex. Vs. Ludhiana Beverages Pvt. Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. This application for condonation of delay is filed by the revenue for condoned the delay of around 106 days against order-in-appeal dated 28-10-2005.2. Learned DR submits that the delay has taken place due to the fact that the files were submitted to the Chief Commissioner's office and on receiving direction from the Chief Commissioner's office, appeals were filed and refers to the day-to-day explanation given in the application for condonation of delay.3. Learned Advocate appearing on behalf of the respondent submits that the explanation given in the condonation of delay application by the revenue does not come forth with a clear explanation as to where the delay has taken place.4. Considered the submissions made at length by both sides and perused records. I find from the records that the order-in-appeal allowing the respondent's appeal was received in the office of Commissionerate on 13-12-05. The said order-in-appeal was reviewed by the lower authorities and put up to the Commi...

Surindra Engineering Company Vs. Cc (Preventive)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2006)(113)ECC521

1. When this appeal is called out, the learned Counsel for the appellant brought to our notice copy of letter dated 28.2.2006 addressed to the transporter of the appellant stating that the export obligation period was extended up to 19.10.2007 and consequently the export obligation value was enhanced to Rs. 8,82.93,997/- and US$ 20,67,775/-. This communication is entitled as the "licence amendment sheet". In view of this communication, according to the learned Counsel, the application will not be at default if it fulfills the export obligation as enhanced, upto 19.10.2007 being the extended period for fulfilling the export obligation. In view of the aforesaid development brought to our notice by filing an affidavit, the impugned order confirming the demand of customs duty on account of non-fulfilment of export obligation cannot be sustained at this stage and the impugned order will have to be set aside and the matter remanded to the original authority for considering the matter afresh...

Shri Dinesh Singh Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)(114)ECC191

1. This appeal is directed against order in appeal dated 26^th May 2005 that upheld the order in original vide which the Jeep/conveyance was confiscated with an option to redeem the same on payment of redemption fine and also imposed penalty on the current appellant.2. The relevant fact that arise for consideration are on 23/09/2003, Customs officers intercepted the jeep bearing registration No. U.P. 32 Z-4681 near Village Kathwalia while coming from Barhani side. On search of jeep before two independent witnesses, it was found that 165 Kgs. of Cardamom (Small) and 1680 numbers of ladies panties of foreign origin, packed in 5 bags was recovered. On the spot statement of the driver of the jeep was taken, in which he admitted that the goods were loaded near Barhni jungle which is near Indo-Nepal border on the instruction of one Shri Govind Ji. Subsequently, the officers recorded the statement of the appellant and the driver of the jeep. The officers seized the jeep in which offending go...

Baleshwar S/O Late Shri Phool Vs. Union of India (Uoi), Through the

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A., applicant has challenged the order dated 26.8.2005 (page 10). He has further sought a direction to the respondents to restore him to the original position with consequential benefits in accordance with the order of Tribunal in OA 736/2004.2. It is submitted by the applicant that when he had initially approached this Tribunal in OA 736/2004, specific direction was given to the respondents that if a vacancy was available to promote Shri Satish Kumar without reversion of the applicant, then applicant will be brought back to his original position with consequential benefits. It is stated by the applicant that the vacancy is very much there, which is evident from the respondents own order dated 26.8.2005 yet applicant has not been promoted as UDC, which is contrary to the judgment given in aforesaid O.A. Therefore, the order dated 26.8.2005 is liable to be quashed because respondents cannot sit in appeal over the directions given by this Tribunal. He also submitted that al...

R.K. Meena, Dy. Director (T), Vs. the Govt. of Nct of Delhi Through

Court: Central Administrative Tribunal CAT Delhi

1. In this OA the applicant has sought quashing and setting of the order of the respondents dated 17.03.2006 wherein his request for grant of higher pay scale of Rs. 12000-16500 to the post of Deputy Director was rejected. He has accordingly sought a direction from this Tribunal to the respondents to grant the higher pay scale of Rs. 12000-16500 to the post of Deputy Director in his organization, as has been provided to Deputy Directors in other Departments, w.e.f. 01.01.1996, with all consequential benefits.2. The brief facts of the case are that the applicant was appointed as Senior Superintendent in the year 1978 in the Department of Social Welfare, Government of NCT of Delhi, in the pay scale of Rs. 1100-1600, which was revised to Rs. 3000-4500 as a result of the recommendations of the Fourth Central Pay Commission. In the year 1992, the applicant was promoted, on ad hoc basis, to the post of Deputy Director in the pay scale of Rs. 3000-5000, which was revised to Rs. 10000-15200 o...

Sube Ram (D-1/525) S/O Shri Vs. Government of Nct of Delhi,

Court: Central Administrative Tribunal CAT Delhi

1. By virtue of this O.A. an Inspector in Delhi Police has assailed an order passed by respondents on 21.6.2004 in compliance of the directions of the Tribunal dated 25.3.2004, imposing upon applicant a major punishment of forfeiture of two years approved service permanently for a period of one year. The punishment had taken effect from 10.9.1999. Also assailed is an order passed in appeal on 31.8.2005, affirming the punishment.2. The facts are not disputed. On the allegations that applicant while posted as Station House Officer (SHO) of PS Seema Puri during the period 27.6.1991 to 27.4.1992 shown negligence and dereliction of duty by not registering a case and keeping the inquest report pending. The Inquiry Officer (IO) in his finding held him guilty of the charge but exonerated SI Brij Mohan, who was the investigating officer. The punishment imposed when assailed before the Tribunal after appeal was set side being multiple in nature. On re-examination the penalty imposed and affirme...

Shri B.K. Sharma S/O Sh. Hans Raj Vs. Union of India (Uoi), Through th ...

Court: Central Administrative Tribunal CAT Delhi

1. By present OA, challenge is made to orders dated 06/20th September, 2005, 25th August, 2005 and 08th August, 2003 rejecting applicant's request for grant of pay scale relating to IRM Cadre. Applicant also seeks direction to Respondents to make payment of said higher post of Head Clerk (Office Supervisor) on which post he is alleged to have worked during the period from 16.09.1997 to 31.10.2000 as well as to determine his retirement benefits on that basis with all consequential benefits including interest & costs.2. Admitted facts of the case are that the applicant joined Respondents as Sorting Assistant in the year 1964 and promoted to post of LSG w.e.f. 30.11.1983 under Time Bound One Promotion (hereinafter referred as 'TBOP' Scheme on completion of 16 years of satisfactory service in the basic grade. He was further promoted to the next higher pay scale of HSG-II under BCR Scheme w.e.f. 01.10.1991 on completion of 26 years of service. It is further claimed that he was appointe...

Bhisham Kumar Head Clerk Gr. Ii Vs. Government of Nct of Delhi Through

Court: Central Administrative Tribunal CAT Delhi

1. Applicant, in this OA, seeks direction to Respondent to grant arrears of pay & allowances on his retrospective promotion as UDC from 05.06.1982 and as Head Clerk w.e.f. 14.05.1997 along with interest @ 18% per annum on delayed payment of arrears.2. Admitted facts are that while working as Inspector, Food & Supplies, Circle No.27, during the year 1979, he was implicated in corrupt activities under Prevention of Corruption Act and being found guilty of an offence under Section 5(2) read with Section 5(1)(d) of aforesaid Act read with Section 161, IPC, he was sentenced to 2 years rigorous imprisonment and a fine of Rs. 100/- by the Ld. Special Judge, Delhi.On a Criminal appeal preferred before Hon'ble Delhi High Court, the said conviction awarded by Ld. Special Judge was set aside & appeal was allowed vide Judgment dated 08.01.1999 with following observations: In view of the law laid down regarding grant of sanction and the parameters within which the sanctioning authority...

J.N. Jha S/O Shri S.K. Jha Vs. Kendriya Vidyalaya Sangathan,

Court: Central Administrative Tribunal CAT Delhi

1. As per our religious and vedantic account place of a guru (teacher) is paramount and a guru has been placed at the pedestal of Guru Brahma, Gurur Vishnu, Guru Devo Maheswaraha. The paramount task of the teacher in nation building is to impart not only learning and wisdom to the students but also make them virtuous, morally strong with a positive frame of mind. A fundamental duty enshrined upon a teacher to prove one's worth as an ideal teacher like Guru Draunacharya Guru Balmiki and Guru Rabindra Nath Tagore. What is expected from a teacher is idealism.A sin committed by a sinner can be treated but once this sin emanates from guru, it is not only depreciable but also sinnest of the sin. A Teacher with all logic and rationale has to be equated with parents till a student completes his education. The role of a father or mother to impart basic values and virtues to a student is being imparted by a guru. When a creator becomes destructor, the situation would become so complex that the ...