Delhi Court May 2012 Judgments
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Sgt. Shiva Murati Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: May-29-2012
1. Petitioner by this petition has prayed that the Respondents may be directed to consider the request of the Petitioner for immediate discharge from service so that he can assume the charge of new appointment as early as possible. The Petitioner was enrolled in Indian Air force on 18th November 1996 as a Radio Fitter. From 1997 to 2008 he performed his duties in the various Units with sincerity and dedication. 2. Since the Petitioner was completing 15 years of service in November 2011 and was entitled to seek discharge by joining any other government service, he in response to the advertisement published by Uttar Pradesh Middle Education Service Selection Board in the Times of India dated 15th January 2009 applied for the post of Trained Graduate Teacher (TGT) through proper channel after obtaining proper permission of his Commanding Officer in accordance with Air Force Order No. 14 of 2008 while posted with 505 SU, AF and the application of the Petitioner was forwarded to Respondent ...
Commander Ravinder Singh Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: May-29-2012
A.K. Mathur, Chairperson 1. Petitioner vide this petition has prayed to quash and set aside the impugned order (findings and sentence) dated 29.04.2009 of the court martial and order dated 25.06.2009 of the Chief of Naval Staff in judicial review of the proceedings of the trial by court martial of the petitioner. 2. Petitioner joined the Indian Navy in July, 1987 as a Cadet in Naval Academy, INS Mandovi, Goa. He passed from the Naval Academy after successfully completing his training. He stood first in his course and was awarded Presidents Gold Medal. He was commissioned as a Sub Lt on 01.01.1989. He opted for Aviation and joined Air Force Academy, Dundigal, Hyderabad in July, 1989 for flying training. Petitioner successfully completed his flying training and he stood first in the said flying training. After his flying training, he became a Naval helicopter pilot and continued to fly Chetak. At the material time, he was serving in the Indian Navy with the rank of a Commander and borne ...
Manjeet Sharma and Others Vs. Union of India and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-28-2012
ORDER on Interim Relief Per Mr. Sudhir Kumar, Member (A) 1. The 57 applicants of this OA were all appointed in the Govt. of India Press, Aligarh, which falls within the jurisdiction of the Lucknow Bench of this Tribunal. Official respondents 1 and 2, and the private Respondent No.3, though being placed at New Delhi, the immediate official superior of all the applicants was the Respondent No.4, i.e., the Manager, Govt. of India Press, Aligarh. However, since in view of the past history of the associated cases having been entertained at this Bench of the Tribunal, and thereafter by the Hon’ble High Court of Delhi, notices were issued in this case on the very first date of listing of the case on 09.05.2012, we do not have to allude to the aspect of territorial jurisdiction of this Principal Bench of the Tribunal at this stage. 2. A large number of vacancies existed in a number of Presses of the Union of India in the year 2007. The Respondent No.4, the Manager, Govt. of I...
Mithan Lal S/O Shri Chiranji Lal Vs. Delhi Transport Corporation, Thro ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-25-2012
ORDER Shri G. George Paracken: 1. The applicant in this Original Application is aggrieved by the impugned orders (i) dated 06.12.1995 passed by the Respondent No. 3 in his capacity as the disciplinary authority imposing upon him the penalty of removal from service and (ii) dated 02.12.2011 passed by the Respondent No.2 in his capacity as the appellate authority rejecting his appeal and upholding the order of the disciplinary authority. 2. The brief facts necessary for adjudication of this case are delineated hereunder. Based on a complaint by one Shri Pratap Singh Maurya dated 26.04.1995, the applicant was charge-sheeted, vide the respondents Memo No. HND-1/AI (T)/95/70 dated 12.06.1995. The allegations against him were as under: “That on 20/21.04.1995 when you were on duty at Bus No. 6482 route No. 082, a passenger in the morning on 21.04.1995 at about 03.10 has boarded your bus. You misbehaved with that passenger at I.S.B.T. while getting down from the bus. By using force you g...
Om Prasad S/O Late Sh. Devi Singh Vs. Union of India Through the Secre ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-25-2012
ORDER The applicant is working as Data Entry Operator Grade ‘B’ in the Ministry of Statistics and Programme Implementation, under the Respondent No.3. He is aggrieved at denial of the first ACP to him on completion of 12 years of service w.e.f. 1.8.1999. The respondents have instead granted the applicant second Financial Upgradation under the ACP scheme on completion of 24 years of service. The representation of the applicant has been rejected vide the impugned order dated 26.08.2010. By way of relief, the OA seeks quashing the impugned order along with directions to the respondents for grant of two financial upgradations to the applicant under the ACP Scheme w.e.f. 09.08.1999. Para 8 (ii) of the OA has prayed for the following relief :- 8 (ii) That the Hon’ble Tribunal may further graciously be pleased to pass an order directing the respondents to grant first financial upgradation under ACP scheme w.e.f. 9.8.99, after not treating the redesignation of post as a promo...
M/S. D.S.i.i.D.C. Vs. PravIn Kumar Sharma
Court: Delhi
Decided on: May-25-2012
P.K.BHASIN, J. 1.By way of this writ petition the petitioner-Company, M/s Delhi State Industrial and Infrastructure Development Corporation Ltd., had challenged the award dated 22-02-2006 in ID Case No. 124/2001 whereby the relief of re-instatement in service with back wages was granted to the respondent-workman by the Labour Court. 2. The respondent-workman was employed as an electrician on muster roll with the petitioner-management on 19.11.98 till his services were terminated w.e.f. 17.11.2000. He had then approached the competent authorities for his re-instatement in service but since he could not get that relief the dispute between him and the petitioner was referred for adjudication to the Labour Court vide Reference order dated 14th August, 2001 with the following term of reference:- “Whether the services of Sh. Pravin Kr. Sharma S/o Sh. Harsavarup Sharma have been terminated illegally and/or unjustifiably by the management, and if so, to what sum of money as monetary reli...
Rajinder Nath Vs. Prem Nath Motors Limited and Others
Court: Delhi
Decided on: May-25-2012
ORDER IA No. 9790 of 2012 (for taking on record the amended memo of parties) For the reasons stated therein, this application is allowed. The amended memo of parties is taken on record. The application is disposed of. 1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) by Mr. Rajinder Nath seeks interim measures in relation to the disputes between the Petitioner and the Respondents arising out of a Partial Settlement Agreement entered into between the Petitioner and Respondents 2, 3 and 4 for division of the family businesses and assets. 2. The background to the present petition is that late Mr. Prem Nath Bhel together with his sons Mr. Surender Nath, (Respondent No. 2) late Mr. Narender Nath represented by his wife Mrs. Vijay Bhel, (Respondent No. 3), late Mr. Devinder Nath represented by his wife Mrs. Surendri Bhel and his son Mr. Shivinder Bhel (Respondent Nos. 4A and 4B) and the Petitioner Mr. Rajinder Nath conducted business through v...
Om Prakash Vs. Camy Enterprises
Court: Delhi
Decided on: May-24-2012
P.K.BHASIN, J. 1.By way of this writ petition the petitioner-workman, who was employed with the respondent Company, had challenged the award dated 29-08-06 in ID Case No. 1344/1997 whereby the Labour Court had held that the respondent-management had not terminated the service of the petitioner-workman but he had himself abandoned his job and, therefore, he was not entitled to any relief. The petitioner-workman felt that his services were terminated illegally and he was entitled to be re-instated in service with full back wages and so he knocked at the doors of this Court for getting that relief. 2. The petitioner–workman, as per his case, was employed as an Injection Moulding Machine Operator with the respondent-management since 15.2.85 till the illegal termination of his services on 18.2.97. Thereafter he had approached the labour authorities for getting re-instated in service but since he could not get that relief there the dispute between him and the respondent-management was...
Central Board of Secondary Education Vs. Sh. Anil Kumar Kathpal
Court: Delhi
Decided on: May-24-2012
RAJIV SAHAI ENDLAW, J. 1. This intra-court appeal impugns the judgment dated 07.12.2011 of the learned Single Judge dismissing W.P.(C) No.8532/2011 preferred by the appellant. The said writ petition was filed by the appellant assailing the order dated 27.09.2011 of the Central Information Commission (CIC) allowing the appeal of the respondent. 2. The daughter of the respondent passed the Class X examination held by the appellant in the year 2010 and her result declared by the appellant was as under: SUB CODESUB NAMEGRADEGRADE POINT101ENGLISH COMMA209002HINDI COURSE-AA110041MATHEMATICSA110086SCIENCEA110087SOCIAL SCIENCEA1103. The respondent, under the provisions of the Right to Information Act, 2005, sought from the appellant the actual marks secured by his daughter in each subject for the reason “this information will help me to identify her week areas in studies and take timely action, so that she can pursue her career after XII. I hereby certify that I will neither reveal the ...
Ravinder Kumar, Ips (Retired) Vs. Union of India Through Home Secretar ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-23-2012
Dr. Ramesh Chandra Panda, Member (A): 1. Shri Ravinder Kumar an Indian Police Service (IPS) Officer of Himachal Pradesh Cadre belonging to 1977 batch has been aggrieved by the presidential penalty order dated 13.08.2009 (Annexure A-2) as per which he has been compulsorily retired from service in terms of Rule 6 (1) of the All India Service (Discipline and Appeal) Rules, 1969. He is also aggrieved by the Charge Memo that was issued to him on 28.03.1995 (Annexure A-1) in which disciplinary proceedings were instituted against the applicant under Rule 8 read with Rule 7 of the All India Service (Discipline and Appeal) Rules, 1969. Feeling aggrieved by the penalty order and the Charge Memo, he has instituted this OA under Section 19 of the Administrative Tribunals Act, 1985 with the following prayers:- “a) Quash and set aside the impugned Memorandum dated 28.03.1995 (Annexure A-1) as illegal and non-est, ab-initio or deem it lapsed in view of the Tribunal order dated 26.11.2002 Annexu...
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