Delhi Court March 2012 Judgments
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Bhagwan Dass Vs. Union of India and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
DR. RAMESH CHandRA PandA, MEMBER (A): 1. This is a remanded case from the Hon’ble High Court of Delhi. We are, therefore, adjudicating the issues afresh as the order of the Tribunal passed on 8.1.2000 in the OA was set aside. 2. During the final hearing on 28.02.2012, we heard Shri Lalit Kumar, learned counsel appearing on behalf of the applicant and Shri R. N. Singh, learned Senior Central Government Counsel appearing on behalf of the respondents. We have very carefully gone through the contentions of the parties and have also perused the documents available on record in the OA. On a close perusal of the earlier order of the Tribunal and the orders of the High Court in which the case was remanded back to the Tribunal for reconsideration, we would be analyzing the two major issues which have been flagged for our consideration and determination in the following paragraphs. 3. We may refer to the first issue raised by the applicant. The applicant who belongs to the Scheduled Caste ...
Man Singh Vs. Government of Nct of Delhi Through Commissioner of Polic ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. Man Singh, the applicant herein, an aspirant for the post of Constable (Exe.) Male in Delhi Police during the recruitment held in 2009 (Phase-II) successfully competed for the post, having cleared all the tests. However, after putting him to notice and having his reply, vide order dated 22.03.2011 his candidature has been cancelled for his furnishing false information in the application and attestation forms as regards his involvement in a criminal case. It is this order which is under challenge in the present Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985. 2. The facts of the case would reveal that the applicant was provisionally selected for the post of Constable (Exe.) Male in Delhi Police during the recruitment held in the year 2009, subject to satisfactory verification of character and antecedents etc. A notice dated 22.07.2010 came to be issued to the applicant calling upon him to show cause as to why his candi...
Ajay Kumar Dhama Vs. Commissioner of Police and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. The candidature of the applicant, who was desirous of being a Constable (Exe.) in Delhi Police during the recruitment held in the year 2009, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985, calling in question order dated 22.03.2011, vide which his candidature has been cancelled. 2. The candidature of the applicant has been cancelled because of his involvement in a criminal case, which fact, it is admitted, was disclosed while seeking appointment on the post aforesaid. In the impugned order, it is mentioned that scrutiny of the application and attestation forms of the applicant revealed that he had disclosed in the relevant columns the fact as regards his involvement in a criminal case, and, therefore, the case was examined by the screening committee constituted by the Commissioner of Police to judge the nature of his involvement in the criminal case, gravity of the offence, judgment of the criminal court, grounds o...
Ramanuj Upadhyay Vs. Commissioner of Police and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. Ramanuj Upadhyay, desiring to be an SI (Exe.) Male in Delhi Police during the recruitment held in the year 2009 (Phase-I), successfully competed for the post, having cleared all the tests. However, after putting him to notice and having his reply, vide order dated 16.06.2011 his candidature has been cancelled for his involvement in a criminal case FIR No.139/2003 u/s 147/148/332/333/341/308 IPC read with Section 7 of Criminal Law andAmendment Act and Sections 2/3/4 of Prevention of Damage to Public Property Act, pertaining to PS Mutthiganj, District Allahabad, in which he was acquitted on 21.04.2010. It is this order which is under challenge in the present Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985. 2. It is not in dispute that the applicant had revealed his involvement in the relevant columns of the application and attestation forms. His selection was provisional, subject to satisfactory verification of characte...
Des Raj Vs. Commissioner of Police and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. Des Raj, the applicant herein, in the recruitment process that came to be initiated by the respondents in 2009, was provisionally selected for the post of Constable (Exe.) Male in Delhi Police, subject to satisfactory verification of character and antecedents, medical fitness and final checking of documents etc. Candidature of the applicant has been cancelled vide order dated 22.03.2011, for his involvement in a criminal case. It is this order that has been called in question in the present Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985. 2. Candidature of the applicant has been cancelled because of his involvement in a criminal case FIR No.157/2008 u/s 458/380/511 IPC, PS Tijara, District Alwar (Rajasthan), in which he had been acquitted by the concerned criminal court vide order dated 18.12.2008. It is not in dispute that the applicant had made mention of the criminal case aforesaid in all his relevant documents. Th...
Shankar Lal Kumawat Vs. Union of India
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
DR. RAMESH CHandRA PandA, MEMBER (A): 1. The issue in the present OA is whether the policy changes can be made effective retrospectively. The applicant has challenged the OM dated 21.04.2011 (Annexure-A1) issued by the respondents, as per which, Para 9 of the Cadre Allocation Policy (CAP) issued in the OM dated 10.04.2008 was amended with retrospective effect to be implemented w.e.f. Civil Service Examination-2009. It is the case of the applicant that as a result of the said amendment, he who could have been allotted to his home cadre of Rajasthan was allotted to the cadre of Tamil Nadu. 2. Brief facts of the case would disclose that the applicant was successful in the Civil Services Examination (CSE) of 2009 and was selected to the Indian Administrative Service (IAS) and allotted to the Tamil Nadu cadre instead of what the applicant claims that he should have been allotted to Rajasthan Cadre. The applicant who secured 168th rank and allotted to the IAS cadre on 12.08.2010 submits that...
Brahma Prakash Vs. Commissioner of Police and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. The candidature of the applicant, who desired to be SI (Exe.) Male in Delhi Police and competed for the said post successfully, has since been cancelled vide order dated 16.06.2011. It is this order which has been challenged by him in this Original Application filed under Section 19 of the Administrative Tribunals Act, 1985. 2. The applicant applied for his appointment/recruitment on the post of Sub Inspector (Exe.) Male in Delhi Police in Phase-II-2009 under OBC category. He successfully underwent the written test, interview and medical examination, and was thus provisionally selected. On 22.06.2010, the applicant submitted his attestation form for the purpose of verification of character and antecedents, wherein he clearly and specifically mentioned that he was involved in case FIR No.28 date 14.05.2001 u/s 323/324/325/258/34 IPC, PS Kasola Chowk, District Rewari, Haryana, wherein he was acquitted vide judgment dated 02.04.2005. However, he was served a show c...
Dr. (Mrs.) Nirmal Singh Vs. Employees State Insurance Corporation
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
DR. RAMESH CHandRA PandA, MEMBER (A): 1. Dr. (Mrs.) Nirmal Singh, the applicant herein, has retired as Director in the Employees State Insurance Corporation (ESIC) w.e.f. 29.02.2008 and she is aggrieved that she has been denied leave encashment to the extant of 60 days unutilized leave in accordance with the revised orders of Government of India, Ministry of Personnel, Public Grievances and Pensions. She represented to the respondent that the difference of number of days for leave encashment should be sanctioned to her as she had to her credit more than 300 days of leave at the time of retirement. As the ESIC had the provisions which was in conformity with the Government of India that 240 days of earned leave could be encashed at the time of retirement, she was sanctioned the same on her superannuation. In the meantime, as per the 6th Central Pay Commission recommendation, the total number of days of leave which can be encashed at the time of retirement has been increased from 240 days...
Manjeet Vs. Commissioner of Police and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. Manjeet, the applicant herein, was selected provisionally for the post of Constable (Exe.) Male in Delhi Police in the recruitment held in the year 2009, subject to satisfactory verification of his character and antecedents, medical fitness and final checking of documents etc. On scrutiny of his application and attestation forms in the aftermath of his provisional selection, the respondents found that the applicant had disclosed his involvement in a criminal case FIR No.164 dated 25.07.2002 u/s 148/149/34/323/427/506 IPC, pertaining to PS Kanina, district Mahendergarh (Haryana). The applicant had not concealed the factum of his involvement in the criminal case. The matter came to be examined by the screening committee constituted by the Commissioner of Police to judge the suitability of the applicant for appointment on the post of Constable (Exe.), keeping in view the nature of his involvement in the criminal case, gravity of the offence, judgment of the court, ...
Retired Railway Medical Officers Association Through Its Vice Presiden ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
DR. RAMESH CHandRA PandA, MEMBER (A): 1. By the present common order, with the consent of the counsel for the parties, we are proposing to decide two Original Applications (OA No.3872/2010 and OA No.2678/2011) as the issues/controversies to be determined in both cases are same. 2. The applicants are challenging (a) the OM dated 14.07.2009 whereby the decision of the Government on the revision of Pension of pre-2006 Pensioners was conveyed intimating that Non Practicing Allowance (NPA) would not be added to the minimum of the revised Pay Band + Grade pay/revised pay scales in which consolidated pension/family pension would need to be stepped up to 50%/30% respectively; and (b) the letter dated 23.03.2010 (Page 79) issued by the respondent Department of Pensions and Pensioners Welfare (DOPandPW) to the first applicant in the OA intimating therein that while revising the pension w.e.f. 01.01.2006, the benefit of NPA would not be extended to those Petitioners to whom the benefit of NPA was...
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