Delhi Court March 2012 Judgments
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H.C. Mahesh Kumar and Others Vs. Government of Nct of Delhi Through Co ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
V.K. BALI, CHAIRMAN: 1. The three applicants in the present Original Application filed by them under Section 19 of the Administrative Tribunals Act, 1985, are Head Constable and Constables in Delhi Police. They have called in question order dated 10.10.2011 passed by Additional Deputy Commissioner of Police, Central District, Delhi, which came to be passed pursuant to direction given by this Tribunal in the earlier Original Application filed by them bearing OA No.4159/2010 decided on 25.05.2011, vide which the departmental enquiry earlier kept in abeyance has been ordered to be re-opened for its completion. 2. Brief facts of the case as projected in the pleadings of the parties and accompanying documents reveal that FIR No.123/03 u/s 384/411/34 IPC came to be registered against the applicants. While the applicants were facing trial in the FIR referred to above, an order dated 22.11.2005 came to be passed by the disciplinary authority to departmentally try them as well on the same set o...
Dr. Ashok Kumar Sharma and Another Vs. Union of India and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-07-2012
DR. RAMESH CHandRA PandA, MEMBER (A): 1. Dr. Ashok Kumar Sharma and another, applicants herein, have assailed the Government of Uttar Pradesh recommendation dated 27.03.2010 (Annexure-A1 Colly), 22.05.2010, 08.09.2010 and Central Government order thereon dated 10.09.2010 (page 46) whereby the Non State Civil Services (NSCS) officers have been denied their rightful induction in the IAS due to cadre review and restructuring. It is the case of the applicants that there were certain directions contained in the judgment of the Lucknow Bench dated 06.09.2010, on the basis of which the Central Government granting an erroneous approval on 10.09.2010 diverted 11 vacancies earmarked for the Non State Civil Services (NSCS) Officers to the State Civil Services (SCS) officers. The applicants have, therefore, approached this Tribunal with following relief(s):- “a. Quash and set aside the letter dated 27.03.2010 issued by the Principal Secretary, Government of UP to the DOPT, Government of Indi...
Yogendra Prakash Jauhari Vs. Bar Council of India and Others
Court: Delhi
Decided on: Mar-07-2012
Rajiv Sahai Endlaw, J. 1. These Intra-Court appeals impugn the judgments, both dated 15.02.2010 of the learned Single Judge of this Court dismissing W.P.(C) No.7406/2009 and W.P.(C) No.12356/2009 preferred by the appellant. Notice of the appeals was issued and the counsels have been heard. 2. The appellant was employed, since the year 1992, as a Steno-typist in the Session Division, Gurgaon, Haryana. He in the academic year 1992-93 joined the LL.B Degree Course as a regular student of D.S. College, Aligarh, Dr. Bhim Rao Ambedkar University, Agra and was in the year 1997 awarded the LL.B Degree. He however continued to serve as Steno-typist and was in the year 1999 accused of an offence under The Prevention of Corruption Act, 1988 and convicted therefore on 15.02.2005. He, though preferred an appeal against the said conviction and which appeal was admitted by the Punjab and Haryana High Court for hearing but was in April, 2005 dismissed from service subject to outcome of the said appeal...
Dtc Vs. Ranbir Singh
Court: Delhi
Decided on: Mar-07-2012
P.K.BHASIN, J. (ORAL) 1. By way of this writ petition the petitioner-management challenged the decision of the Industrial Tribunal-II in O.P.No. 331/94 whereby its application under Section 33(2) (b) of the Industrial Disputes Act(‘the ID Act’) seeking approval of its action taken for the removal of the respondent-workman from its service because of his having committed a serious act of misconduct had been rejected and approval of its said action taken was declined. The approval from the Industrial Tribunal was sought by the petitioner-management because of the pendency of some industrial dispute between the petitioner-management and its workmen in which the respondent-workman was also interested. 2. The petitioner’s case before the Industrial Tribunal was that it had ordered the removal of the respondent because of his having committed serious act of misconduct of which was found guilty also in the departmental enquiry which had been ordered by the management. 3. T...
Vishal Builders P. Ltd Vs. D.D.A. and Others
Court: Delhi
Decided on: Mar-07-2012
PRADEEP NANDRAJOG, J. 1. Nazul land measuring 743.22 sq.m. bearing No.95 District Centre, Nehru Place, was auctioned by Delhi Development Authority (DDA) for conveying a perpetual leasehold title and appellant being declared the highest bidder at the bid held on November 28, 1972 was given possession of the plot on March 05, 1973 after he paid the premium in sum of `16,06,000/- and undertook to pay a percentage of the premium towards yearly lease rent. Obtaining sanction/permission from Delhi Development Authority, appellant constructed a building on the plot and put it to use, but refuses to pay the yearly lease rent on the ground that the appellant has acquired absolute title to the suit property due to prescription and for which right, the appellant urges that since DDA did not have the right to auction the plot, the alleged transfer of the perpetual lease-hold right by DDA in favour of appellant is a nullity and claims that a person who acquires possession under an invalid transact...
M/S. Bajaj Allianz Insurance Co. Ltd. and Another Vs. Pritam Singh
Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on: Mar-07-2012
Salma Noor,Member: (Oral): 1. This appeal is directed against the order dated 16.4.10 passed by the District Consumer Forum-III, 150-151, Community Centre, C-Block, (Behind Janak Cinema), Janakpuri, New Delhi-110058, in Complaint Case No. 489/09/19858 wherein the District Forum directed the Appellant Respondent-1 to refund the insurance amount of the vehicle i.e. Rs. 3,15,600/- to the Complainant, Rs. 15,000/- towards compensation and cost for the harassment caused to the complainant on account of deficiency in service on their part. 2. Along with the appeal, an application under Section 15 of the Consumer Protection Act for condonation of delay has also been filed. 3. We have heard Sh. Sanjeev Nirwani, Counsel for the Appellant and Sh. Vijay Sujla, Counsel for the Respondent at the admission stage. 4. According to the appellant himself, there is a delay of 98 days in filing the appeal. The only explanation for such a long delay is given by the Appellant Counsel is that the District Fo...
Ram Kishan Vs. the Chairman and Managing Director and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-06-2012
MA No.568 of 2012 1. Heard review Applicant who appears in person. 2. For the reasons stated in the MA 568/2012, MA 568/2012 is allowed. The order dated 1.2.2012 passed in the RA 428 of 2011, whereby the Review Application was dismissed in default and for non-prosecution, is recalled and the OA is restored to its original position. RA No.428 of 2011 This RA has been moved by respondent no.3 in the OA No.225 of 2011 requesting this Tribunal to review its order dated 30.8.2011 passed in the OA referred to above. 3. Dispute in the OA between the parties related to payment of interest on delayed payment of leave encashment of 128 days after delay of three years and six months. The said OA was allowed vide order dated 30.8.2011 by directing the respondents to pay interest at the same rate which is payable to GPF deposit for the period for which leave encashment has been delayed beyond three years from the date of retirement. In the OA, the applicant had also impleaded Shri Ashok Golas, as r...
Amresh Kumar Tripathi Vs. Union of India and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-06-2012
DR. VEENA CHHOTRAY: 1. The applicant is a member of Group ‘A’ Indian Railway Service of Signal Engineers (IRSSE). He is a 1986 batch officer. The applicant is aggrieved at denial of Senior Administrative Grade to him, even though it has been given to his batch-mates including some juniors vide the impugned order dated 6.3.2009. That the applicant fulfills the prescribed eligibility condition as regards the requisite length of service in appropriate grade for consideration for SAG, is not in dispute. Under the RTI it was disclosed that this was on account of below bench mark ACR’s for the years 2004-05, 2005-06 and 2006-07. In this background, the OA seeks the following reliefs:- “8. (i) Quash the orders dated 06.03.2009 to the extent to which the applicant has not been promoted to SAG while his junior Shri Sunil Kumar has been promoted. (ii) Direct the respondent to ignore the ACRs of the applicant of 2005, 2006 and 2007 and reconsider him for promotion to SAG o...
Union of India and Another Vs. Daulat Singh Chauhan
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-06-2012
1. This Application seeks review of this Tribunal’s order dated 23.4.2009 passed in OA 2744/2008. The review applicants were official respondents in the OA. 2. The applicant in the OA sought pro rata pension on the basis of having worked in the Central Electricity Board from 22.6.1968 to 31.3.1978 by challenging the official respondent’s order dated 6.6.2008 by which the applicant’s claim was turned down by the official respondents. The said OA was allowed vide order dated 23.4.2009 to the extent that the impugned orders were set aside and The respondents were directed to accord on relaxation under the case of ‘undue hardship’ to the applicant as well as in the light of the decision of the Apex Court in Sripal’s case (supra) pro-rata pension to the applicant with arrears, within a period of three months from the date of receipt of a copy of that order. It was also made clear that if any leave encashment or gratuity had been left to be paid, the same ...
G.S.V.S. Prabhakara Rao and Another Vs. National Highways Authority of ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-06-2012
ORDER: (ORAL) MR. JUSTICE V.K. BALI, CHAIRMAN 1. By this common order, we propose to dispose of both the Original Applications bearing OA Nos. 3280/2011 and 3281/2011 as the common question of law and facts are involved in both these cases. Learned counsel for the parties also suggest likewise. 2. The bare minimum facts that may need a mention have been extracted from OA No.3280/2011 in the matter of G.S.V.S. Prabhakara Rao Versus National Highways Authority of India and Others. The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 calling for the original file(s)/record(s) of the respondent dealing with his appointment on the post of Manager (FandA), consideration for his absorption/continuation and also the file dealing with the appointment in the grade of Deputy General Manager (FandA), and to declare the action of the respondent in not considering him for absorption on the post of Manager (FandA) as illegal, arbitrary and discriminatory. He furt...
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