Delhi Court March 2012 Judgments

Nb Sub Ram Avtar Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was originally filed on 13.04.2009 before the Honble High Court of Delhi as WP(C) No.8166 of 2009. Thereafter, it was transferred to the Armed Forces Tribunal on 30.11.2009 and was registered as TA No.500/2009. 2. Vide this petition, the applicant has sought quashing and setting aside of discharge order issued vide Corps of Signals Records letter dated 11.06.2005 (Annexure P-1), being discharged as LMC case contrary to Army Rule 13, Regulations for the Medical Services of the Armed Forces 1983 (Annexure P-4 and P-5 respectively). 3. Brief facts of the case are that the applicant was enrolled in the Corps of Signals as a Sepoy on 24.09.1981. While in service he suffered with an ailment of Posterior Sub Capsular Cataract (right eye) and since then was downgraded to Low Medical Category as E-2 meaning Eye Sight 2. The applicant was discharged from military service w.e.f. 30.11.2005 on the grounds of LMC vide Corps of Signal Records Letter dated 11.06.2005 (Annexure P-1). ...

Subedar Raj Bahadur Singh Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. The OA No.68/2010 was filed in the Armed Forces Tribunal on 02.02.2010. 2. Vide this petition, the applicant has sought quashing and setting aside of the impugned order of EME Records dated 21.01.2000 by which he was discharged w.e.f. 30.06.2000 being discharged on LMC grounds alleged to be contrary to the Army Rule 13 and Medical Regulations for the Armed Forces. He has also sought pay and allowances in the rank of Subedar from 01.07.2000 upto 31.07.2005 and inherent promotion to the rank of Subedar Major from 01.08.2005 with revised pension in the rank of Subedar Major from 01.08.2009 with all other consequential benefits. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army on 16.7.1977. During his service the applicant contracted an ailment of Impaired Glucose Tolerance Obesity and ECG Abnormality since July 1998. It is submitted that he was under treatment and was performing all military duties to the satisfaction of his superior officers. Based on ...

Rakesh Kumar Sharma Vs. Union of India and Others

Court: Central Administrative Tribunal CAT Delhi

DR. A.K. MISHRA, MEMBER (A) 1. The grievance of the applicant is that he has not been regularized on the post of Electric Signal Maintainer (ESM) Grade-III although his juniors have been promoted and granted regular benefits as available to the incumbents of the promotional post. 2. The applicant originally was engaged as a casual labour on 01.09.1976. He was empanelled as Khallasi by Senior Singal and Telecom Engineer (SSTE) on 03.04.1981. He was transferred to work under a Project Division at Tundla. He was promoted as ESM Grade-III on 02.05.1984 in the Project Unit. Even inspite of the fact that he has been continuing in this grade since his promotion has not been regularized in his parent cadre. According to him, his representation dated 27.11.2000 made to Senior Divisional Personnel Officer; Allahabad did not evoke any response. Through reply given to him on 23.07.2010 under RTI Act he was informed that he had been placed on the seniority list of Group-D and since employees senior...

M/S Arun Kumar Chirania Vs. Commissioner of Customs (Preventive), Luck ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per Ms. Archana Wadhwa, J. 1. Both the appeals are being disposed of by a common order as they arise out of the same impugned order passed by the authorities below vide which the Chinese velvet bedsheets totally valued Rs.41,32,500/- stands absolutely confiscated and penalty of Rs.10,000/- stands imposed on Shri Arun Kumar Chirania and Rs.8,000/- on Shri Rajiv Kumar Singhal. 2. As per the facts on record, the godowns premises of M/s Shyam Traders, Proprietor Shri Arun Kumar Chirania were visited by the Preventive Customs officers on 25.01.09.  The godown was put to search in the presence of Shri Rajiv Kumar Singhal, business partner of Shri Chirania.  191 bundles packed in green plastic covers showing their Chinese origin were put under seizure on the reasonable belief that the same were smuggled.  Shri Rajiv Kumar Singhal told the officers that the recovered Chinese blankets were brought by him and Shri Chirania through M/s Pashupati Enterprises, Kolkata with the help ...

Delhi Transport Corporation Vs. the Presiding Officer Labour Courtand# ...

Court: Delhi

Reported in: 2012(3)LLN267(DB)

S. RAVINDRA BHAT, J. (Open Court) CM.A. 17440/2010 1. The Appellant seeks restoration of appeal i.e. Letters Patent Appeal which was dismissed by an order dated 09.11.2009. Repeated attempts to serve the Respondent- workman, were unsuccessful. The Court permitted substituted service upon the Respondent by an order dated 24.08.2011. The order dated 15.12.2011 recorded satisfaction that citation with regard to service upon second Respondent through publication was filed. In these circumstance, service of notice is complete. We have heard the counsel for the Applicant. This Court notices that the Respondent- workman had been represented till 21.07.2008, when he was permitted to withdraw the sum deposited in Court. Having regard to the over all circumstances, we are of the opinion, that in the interests of justice, the application should be allowed. CM.A. 17440/2010 is accordingly allowed. The appeal is directed to be restored to its original number on the file. CM. A. 17440/2010 is allo...

K.R.Builders Pvt. Ltd. Vs. Dda

Court: Delhi

PRADEEP NANDRAJOG, J. 1. We are concerned in the instant appeal with the correctness of the judgment and decree dated September 28, 2007, disposing of CS(OS) No.142/2003 filed by the appellant; not in full, but only in relation to items of claim at serial No.(e), (h), (i) and (n) of para 11 of the amended plaint, which have been rejected by the learned Single Judge. We highlight that the claims decreed by the learned Single Judge have not been challenged by DDA and not all claims rejected have been questioned in the instant appeal. 2. Claim vide para 11(e) in sum of `1,38,245/- pertains to the grills affixed by the appellant and the factual setting of the claim is that the contract required, vide item No.6.6 of the description of items, to provide and fix MS grills of required pattern fabricated with MS flat square or round bar, and the claim of the appellant is that this description conforms to ordinary grills. The appellant claims that when the drawing was furnished to it the same pe...

Hindustan Cocacola Beverages Pvt. Ltd. Vs. West Bengal Pollution Contr ...

Court: National Green Tribunal Principal Bench New Delhi

1. Appellant is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of manufacturing and sale of carbonated soft drinks under the brand name of Coca-Cola Sprite, Limca, Mazza, Thmps Up etc. and has a plant at Raninagar Industrial Growth Centre, P.S. and District Jalpaiguri, West Bengal. 2. The directions issued by West Bengal Pollution Control Board (WBPCB) to the Appellant Company by letter dated 2nd May, 2011 is sought to be assailed in this Appeal. By the said letter, WBPCB directed the Appellant Company as follows: a) The industry shall ensure continuous and smooth functioning of the pollution abatement system in all its unit operations and comply with the environmental standards. b) The industry shall submit an action plan for compliance of liquid effluent discharge standard within a time period of fifteen (15) days. The industry shall also install suitable infrastructure for testing of the liquid effluent samples so as to assess t...

Craftsman G Raju Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. The OA No.208/2009 was filed in the Armed Forces Tribunal on 15.12.2009. 2. Vide this OA, the applicant has sought for quashing and setting aside of the impugned order of EME Records dated 31.05.2001 by which he was discharged from services, challenging that order being contrary to the Army Rule 13 and Medical Regulations for the Armed Forces. He has also sought reinstatement back into service with grant of consequential benefits in terms of seniority, service, pay and allowances and promotion as admissible. An application under Section 22 of the Armed Forces Act, 2007 has also been filed alongwith OA for condonation of delay in filing the original application. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army on 18.07.1985. In Jan-Feb 1998 the applicant fell sick and was diagnosed as Neurotic Depression. It is averred that he was having domestic problems. On 31.5.2001 he was declared S-2(P) and thus he was discharged after issue of show cause notice ...

Hav (Opr.) Sumer Singh Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was originally filed before the Honble High Court of Delhi as WP(C) No.5961 of 1998. Thereafter, it was transferred to the Armed Forces Tribunal on 05.12.2009 and was registered as TA No.586/2009. 2. Vide this petition, the applicant has sought directions to the respondents for declaring the applicant having been promoted to the rank of Naib Subedar w.e.f. 01.02.1998 with all consequential benefits. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army on 12.04.1977. After completing his training, the applicant was posted to various field regiments and he also acquired civil qualification of Matric during his service. The applicant passed his Map Reading Standard-One on 05.11.1983. Operator Class-I exam on 14.4.1984 and Driver MT Class III exam on 30.11.1990. Since the applicant earned professional qualification, he was promoted as a Naik on 10.03.1989 and Paid Acting Havildar w.e.f. 01.02.1992. He was further promoted as Substantive Havilda...

Sepoy Ravinder Singh Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was originally filed on 05.02.2009 before the Honble High Court of Delhi as WP(C) No.802 of 2009. Thereafter, it was transferred to the Armed Forces Tribunal on 05.02.2010 and was registered as TA No.508/2010. 2. Vide this petition, the applicant has sought setting aside of the discharge order issued by Army Medical Corps Records, Lucknow dated 27.01.2005 (Annexure P-1) by which he was discharged being LMC(P) case. The applicant has also sought reinstatement into service with all consequential benefits which include pay and allowances, continuity of service, promotion with ante date seniority. 3. Brief facts of the case are that the applicant was enrolled as a Sepoy in the Army Medical Corps on 25.02.1995. In Feb 2002, the applicant suffered from Primary Hypertension while serving in the counter insurgency area of Doda, Jammu and Kashmir and was downgraded to LMC P-2 (P). 4. Subsequently, the applicant was discharged from military service on 01.06.2005 on the grounds o...