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Delhi Court June 2008 Judgments

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Jun 02 2008

Constable Manoj Kumar S/O Puran Vs. Commissioner of Police, Joint

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jun-02-2008

1. Manoj Kumar, a Constable in Delhi Police, the applicant herein, sequel to a regular departmental enquiry held against him was visited with the penalty of forfeiture of five years' approved service permanently entailing proportionate reduction in his pay, vide order passed by Deputy Commissioner of Police (Traffic) dated 10.11.2003 (Annexure A-2). Appeal carried by the applicant against the order aforesaid has since been dismissed by Joint Commissioner of Police (Traffic) vide order dated 25.11.2004 (Annexure A-1). The report of the enquiry officer holding the applicant guilty of the charge and the two orders referred to above are under challenge in the present Application filed under Section 19 of the Administrative Tribunals Act, 1985.2. The enquiry officer after recording statements of Inspr. Parvinder Singh (PW-1), Const. Kawar Pal (PW-2), Const. Malkiat Singh (PW-3), HC Bharat Lal (PW-4), Shri O.P.Mishra, Addl. DCP/Licensing (PW-5) and Inspr. Ram Mohar (PW-6), framed the follow...


Jun 02 2008

Ram Phool Meena, Sub Inspector, Vs. Commissioner of Police, Delhi

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jun-02-2008

1. Ram Phool Meena, Sub Inspector in Delhi Police, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985, calling in question order dated 27.11.2007 (Annexure A-1) passed by Deputy Commissioner of Police (South District) directing holding of departmental enquiry against him under provisions of Rule 16 of Delhi Police (Punishment and Appeal) Rules, 1980 (hereinafter to be referred as the Rules of 1980). By the said order, the enquiry has been entrusted to Shri Ramesh Chand Saini, ACP/Operations who is to conduct the enquiry on day-to-day basis and submit his findings expeditiously within the stipulated period of three months. Primarily, the case of the applicant is that on exactly the same allegations subject matter of departmental enquiry, he was tried by Special Judge, CBI, New Delhi and was acquitted on merits vide judgment dated 18.1.2007, and that being so, the departmental enquiry ordered against the applicant would be violative of Rule 12...


Jun 02 2008

Kavita Gupta Vs. Enforcement Directorate

Court: Appellate Tribunal for foreign Exchange New Delhi

Decided on: Jun-02-2008

1. The following order of the Appellate Tribunal for Foreign Exchange is delivered by Shri O.P. Nahar, Chairperson; 2. These two appeal No.D-147/03 and D-180/03 are filed on 28.11.03 and 22.12.03 respectively with a court fee of Rs.750 each challenging adjudication order described below : - (a) Appeal No.D-147/03 against Adjudication Order No.ADJ/601-601/DZ/03/AD(SRB) dated 6.10.2003 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs.40,000 against the appellant for contravention of Section 9(1)(a) FER Act. (b) Appeal No.D-180/03 against Adjudication Order No.ADJ/673/DZ/03/AD(SRB) dated 20.10.2003 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 12,000 against the appellant for contravention of 9(1)(d) FER Act. 3. Both the aforesaid appeals are filed on 28.11.03 and 22.12.03 respectively with a court fee of Rs.750 along with separate application for dispensation of pre-deposit of penalty much after repeal of FER Act 1973 and es...


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