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Delhi Court October 2012 Judgments

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Oct 18 2012

Shri Krishna Mohan Tiwari Vs. Shri P K Tripathi Chief Secretary Govt. ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-18-2012

(ORAL) Shri G George Paracken: This CP has been filed for the alleged non-implementation of the Orders of this Tribunal dated 9.2.2012 in O.A.No.2403/2011. The operative part of the aforesaid order reads as under:- 7. In view of the above facts and circumstances of the case, this O.A. is allowed. The respondents shall fix the pay of the applicant on notional basis at par with his junior Shri Pramod Kumar. Consequential benefits arising on such notional fixation shall also be granted to the applicant. The aforesaid direction shall be complied with within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. 2. According to the learned counsel appearing on behalf of the alleged contemnor, the respondents have filed WP (C) No.6153/2012 before the Honble High Court of Delhi against the aforesaid order of this Tribunal and it has been re-notified for 28.1.2013. He has, therefore, submitted that this CP is not maintainable. In this reg...


Oct 18 2012

Smt. Sushma Rani Vs. Govt. of Nct of Delhi Through the Chief Secretary ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-18-2012

(Oral) George Paracken, Member (J): The applicant in this OA is seeking the following reliefs: That the Honble Tribunal may graciously be pleased to pass an order of quashing the impugned order remark/order dt.18.1.2012 passed by the Respondent No.4 regarding reviewing the pay of the applicant on the basis of order dt. 7.5.2004, declaring to the effect that the same are illegal, arbitrary and against the judgment passed by the Honble Tribunal, and consequently pass an order directing the respondents to restore the pay of the applicant with all the consequential benefits if re-fixed in compliance of the impugned order. That the Honble Tribunal may graciously be pleased to pass an order directing the respondents not to re-fix the pay of the applicant and also not to recover any amount from the retirement benefits of the applicant in compliance of the order dated 7.5.2004. That the Honble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 7.05.2004. A...


Oct 17 2012

Sundeep Khanna Vs. A. Das Gupta and Others

Court: Delhi

Decided on: Oct-17-2012

V.K. JAIN, J. CS(OS) 576/2005 and CCP No.94/2008 1. The case of the plaintiff is that defendant No. 1 Shri A. Das Gupta, who has since expired during pendency of the suit, had, vide agreement to sell dated 29.01.2005, agreed to sell the ground floor of the property No. 186, Golf Links, New Delhi, along with basement rights and 40% undivided interest in the land as also the right of first refusal in respect of first and second floor to him, for a consideration of Rs 3.30 crores and accepted advance amounting to Rs 10 lakh from him. It is further alleged that pursuant to the said agreement, the plaintiff carried out due diligence and it transpired during the course of due diligence that the property in question was actually an HUF property. It is further alleged that defendant No. 1, through his broker Askok Narang, sent a draft sale deed showing himself to be the sole owner of the property and agreeing to split the sale into two parts, one a sale deed and the other a fittings and fixt...


Oct 17 2012

Mrs. Savita Vs. Govt. of Nct of Delhi, Through, Chief Secretary and Ot ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-17-2012

Sudhir Kumar, Member (A): This O.A. has been filed by the applicant with a Delhi address and she has impugned the action of the respondents and Respondent No.2 in particular, in having denied her appointment for the post of Primary Teacher with Respondent No.3, and not having considered her candidature in the OBC category, even though her marks were more than that of the last selected OBC candidate. 2. The applicant had first filed an application for appointment as a Primary Teacher in MCD under General category through application No. 160078, but later requested for cancellation of the same vide her application dated 18.02.2009 (Annexure-C). In that letter, she had admitted to have appeared in the selection test for the post of Primary Teacher Post Code 016/2008 with Roll No.1632081 through an Admit Card sent to her at her address in Sonepat (Haryana), and claimed that it was a wrong address, and that her admit card sent there had been delivered to her by an employee of a Coaching Cen...


Oct 17 2012

Shri K.C. Singh Vs. Govt. of Nct of Delhi Through the Chief Secretary ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-17-2012

(ORAL) Shri G George Paracken: The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 alleging inordinate delay in reinstating him in service even after he was acquitted in a criminal case pending against him, vide judgment dated 10.8.2011 passed in Criminal Case No.976/2010. 2. Facts of the case are that the applicant while working as a Head Clerk in the Govt. of NCT of Delhi was involved in a criminal case RC No.DA1-2001-A-0029/CBI/ACP/New Delhi under Section 7 of Prevention of Corruption Act, 1988 and thereafter he was subjected to trial before the Court of Shri V.K. Maheshwari, Special Judge, Delhi. He was convicted in the said case, vide the judgment dated 24.7.2010. He was also sentenced to undergo three years RI with a fine of Rs.25000/- and in default, he had to undergo three months more simple imprisonment. 3. Thereafter the respondents have placed the applicant under deemed suspension w.e.f. 24.7.2010. He was also served w...


Oct 16 2012

Gurmej Singh, Cmd (Og) Vs. Union of India Through Secretary, Min. of D ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-16-2012

G. George Paracken: The applicant, Shri Gurmej Singh, was employed as a Civilian Motor Driver (Original Grade) (`CMD (OG) for short), a Group `C post in the Civil GT Unit of the Army Service Corps. He was initially appointed to that post on 22.11.1998. Thereafter, he was confirmed in that post on 21.11.1990. Earlier, once he was awarded penal deduction of Rs.500/- and Rigorous Imprisonments for varying periods for different offences alleged to have been committed by him. The details of those offences and the punishments given to him are as under: Table 2. Lastly, Brig. Commander, Brig AP Bam of HQ PH and HP (1) Sub Area, Ambala Cantt, vide impugned order No. 1137/1/A3 (Disch) (i) dated 22.05.2011 served upon him a show cause notice stating that on perusal of his service record, it was observed that he has committed various offences and he was given different punishments, as stated earlier, but he did not improve in his conduct. Brig. A.P. Bam in the said order further stated that it wa...


Oct 16 2012

insp. Inder Singh Vs. Gnct of Delhi, Through Commissioner of Police an ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-16-2012

G. George Paracken: The applicants grievance in this Original Application is against the impugned Annexure A-1 notice dated 05.09.2005 calling upon him to show cause as to why his conduct should not be censured for the following alleged lapses on his part: On perusal of Court orders dated 23.08.04 received from the Honble Court of Sh Anil Sisodia, MM, Tis Hazari Court, Delhi in case FIR No. 54/01 u/s 18 (C)/27(b)(ii), DandC IO of the case seized the drugs on its own and deposited the same in the Malkhana before sample could be taken for analysis by the Drug Inspector. Even in the seizure memo, the details of the drugs were not mentioned viz. manufacturer of drug, batch No. and date of manufacturing of drugs. As a result of it, no further investigation was carried out in the case to ascertain whether the drugs recovered, in fact manufactured by the licenced company or were spurious drugs. The manner, in which the IO has carried out the investigation appears to be very callous and it ...


Oct 16 2012

Mrs. Sudha Sanwal Vs. the Commissioner of Police, Delhi Police Headqua ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-16-2012

G. George Paracken: The applicant in this Original Application is the wife and legal heir of late Shri Prakash Chandra Sanwal who was a Constable in Delhi Police. He died on 30.10.2011. During his service, he was allegedly involved in a criminal case u/s 364A IPC. The Addl. District and Sessions Judge convicted him vide his judgment dated 29.07.2000. However, on appeal, the Honble High Court of Delhi, vide its order dated 10.01.2001, suspended the sentence. 2. Meanwhile, the Respondents dismissed the husband of the applicant from service vide order dated 17.08.2006. He preferred an appeal against it on 07.09.2006 stating that it was against the provisions contained in Article 311 (2) (a) of the Constitution as well as Rule 11 (1) of the Delhi Police (Punishment and Appeal) Rules, 1980 was rejected by the appellate authority vide its order dated 18.10.2006. According to the applicant, in a similar case being Writ Petition (C) No. 1044/2008 - Commissioner of Police Vs. Shri Brij Pal Sing...


Oct 15 2012

D.S. Chauhan Vs. Railway Board, Ministry of Railways

Court: Delhi

Decided on: Oct-15-2012

D. MURUGESAN, CHIEF JUSTICE 1. This pro bono publico petition raises following questions, namely, (i) whether denial of Railway concession to the speaking deaf would be an arbitrary decision when such concessions are extended to the non-speaking deaf and all other groups, (ii) whether the railway has an obligation to all mobility challenged disabled persons under Article 20 of the Convention on the Rights of Persons with disability to extend the concession. The above questions arise on the following backgrounds. 2. The petitioner, Sh.D.S.Chauhan is the Honorary Secretary of the Delhi Association of the Deaf, a recognized civic organization. According to him, the said organization works for the rights of the deaf in Delhi and across India. It appears that Indian Railways provides concession for numerous groups of people with health issues and has framed the General Rules for Concession. Among other category of persons, the following categories of disabled persons are made eligible for ...


Oct 12 2012

Ex. Hony Nb Sub Satya Prakash Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

Decided on: Oct-12-2012

1. Petitioner by this petition has prayed that the order dated 12th March 2012 passed by OIC Records may be set aside. He has further prayed that the Respondents may be directed to consider the case of the Petitioner in light of the judgment dated 23rd May 2011 in T.A. No. 19 of 2009 passed by the Honble Armed Forces Tribunal, and grant promotion to the Petitioner from the rank of Naik to Havildar with effect from January 1988 in consideration as fresh casewith all consequential benefits of rank and seniority with all accrued monetary benefits. 2. This is second round of litigation. In the first round of litigation, the petitioner prayed that since his ACR for 1987 which was adverse was already expunged by the Government but his case was not reconsidered by the DPC with the expunged ACR and, therefore, he prayed that directions may be given to the Respondents to consider the case of Petitioner afresh along with his batch mates as it was held in February 1988. The Tribunal passed the or...


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