Delhi Court May 2012 Judgments
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Wg. Cdr. Ajit Kakkar Vs. Union of India and Others
Court: Delhi
Decided on: May-04-2012
ANIL KUMAR, J. 1. The petitioner has sought the quashing of order dated 7th October, 2011 passed by The Air Officer-in-Charge Personnel, Air HQs, Yayu Bhawan, Rafi Marg, New Delhi by which the petitioner has been transferred to Air Force Intelligence School, Pune. The petitioner has also sought the quashing of order dated 30th March, 2012 directing the petitioner to report at Pune by 7th May, 2012. The petitioner has further sought directions to the respondents to consider the case of the petitioner for his retention in Delhi till the completion of Fontan procedure of his daughter or in the alternative to release the petitioner pursuant to his application for premature release made by letter dated 10th April, 2012. 2. The petitioner was enrolled in the Indian Air Force as Airman on 4th April, 1984. On account of his performance, he was granted commission as Pilot Officer on 21st June, 1993 and was posted to 501 SU as Fighter Controller. The petitioner was thereafter, promoted to the r...
Anoop Kumar Vs. Central Industrial Security Force and Another
Court: Delhi
Decided on: May-04-2012
ANIL KUMAR, J. 1. The petitioner has sought the quashing of the order of his termination dated 13th May, 1999 and has also sought his reinstatement in the service with all the consequential benefits. 2. The brief facts to comprehend the dispute are that the petitioner was employed as a Constable bearing No.912330390 and was posted in the Company of CISF Unit, BSL Bokaro, Bihar. On 13th January, 1999 the petitioner was issued a charge sheet imputing certain allegations against him. The misconduct imputed against the petitioner was that he was found under the influence of the liquor by Inspector/Exe. Rakesh Kapoor (RI) on 4th November, 1998 at 2345 hours while on „C‟shift duty from 2100 hours on 4th November, 1998 to 0500 hours on 5th November, 1998. It was also alleged that he did not turn up for „C‟shift duty on 17/18.11.1998, 28/29.11.1998, 29/30.11.1998 and 16/17.12.1998 without any information/permission of the competent authority. The petitioner had been in...
Ex. Head Constable Rajinder Singh Vs. Union of India and Others
Court: Delhi
Decided on: May-04-2012
ANIL KUMAR, J. 1. The petitioner has sought a writ of certiorari seeking quashing of the SSFC proceedings in which the petitioner had allegedly pleaded guilty and consequently, the SSFC had sentenced the petitioner to be dismissed from service. The petitioner has also sought that he should be reinstated with full back wages and all the consequential benefits and reliefs. 2. The brief facts to comprehend the dispute are that the petitioner had joined the BSF as a constable in the year 1979. As contended by the petitioner around the first week of June in the year 1999, Sh. B.K. Mehta, the Commandant had visited the FDL Uragali of 62 Bn BSF. On the said day, the petitioner was performing the duties of Post Commander at the said FDL which had been taken over from 137 Bn BSD just about 4-5 days back on the change over of the two units. 3. According to the petitioner, since at the time no proper crockery was available at the FDL, Sh. Mehta was offered water in a steel glass kept in a plate,...
K.C. Ex Hav Ramesh Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: May-04-2012
1. The case was first filed before the Honble High Court on 09.05.2005 as WP (C) No.8163/2005 and was subsequently transferred to the Armed Forces Tribunal on 11.01.2010. 2. Vide his prayer, the applicant has sought quashing and setting aside the dismissal order dated 26.01.2005 and prayed for reinstatement in service with all consequential benefits. The applicant has also sought order for payment which has been withheld by the respondents including AGIF, leave encashment and pay and allowances. 3. Brief facts of the case are that the applicant was enrolled in the Army on 28.05.1983 and after his training he was posted to 3rd Battalion of 9th Gorkha Rifles. 4. On 17.12.2003, the applicant was suddenly arrested and was sent to Army Headquarters Liaison Unit (AHQLU) at Delhi Cantt. under escort and was lodged in the cell of the AHQLU. During this period, the applicant was interrogated by Officers and JCOs of AHQLU. He was also interrogated by police from Haridwar and also by some other o...
Ex. Hav. Prem Upreti Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: May-04-2012
1. The case was initially filed before the Honble High Court on 16.12.2005 as WP (C) No.23738/2005 and was subsequently transferred to the Armed Forces Tribunal on 11.01.2010. 2. Vide his prayer, the applicant has sought quashing and setting aside of the dismissal order dated 28 Dec 2004 (Annexure P-6) and further prayed for reinstatement in the service with all consequential benefits. 3. Brief facts of the case are that a General Court Martial (GCM) was ordered against applicant by the GOC Delhi area on 12 Dec 2001 (Annexure P-1). There were allegations against the applicant that he was involved in an offence prejudicial to the safety or interest of the state i.e. in espionage activities, a criminal case was pending in civil Court filed by the civil police. It is contended by the applicant that on 17 July 2002, in view of legal infirmities of jurisdiction with regard to GCM proceedings, the applicant filed a CWP 4212/2002 and the Honble High Court of Delhi passed a stay order on the f...
Anil Kumar Vs. Commissioner of Police Phq Mso Building Ip Estates, New ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-03-2012
A.K. Bhardwaj: 1. On 29.8.2008 two PCR calls vide DD No.33-A and 34-A were received at Police Station, Alipur regarding snatching of Rs.500/- by a police official, which were marked to SI Bharat Bhushan for enquiry. He reached P.S. Alipur and met complainant Pradeep S/o Shri Angad who identified the applicant as the person, who removed Rs.500/- from his wallet. During personal search a note of Rs.500/- was recovered from the pocket of the Constable which was returned to the complainant. SI Bharat Bhushan recorded the statement of the complainant namely, Sh. Pradeep wherein he confirmed that the applicant had snatched Rs.500/- which he received back. However, he declined to get a criminal case registered against the applicant for his action of snatching Rs.500/- from him. The applicant was charge sheeted for committing gross misconduct and misuse of authority. Summary of allegations is placed on record as Annexure A-4 to the OA. Ms. Nirmala Devi was appointed as Enquiry Officer to enqui...
Kartar Singh Vs. Delhi Development Authority, Through Its Vice Chairma ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-03-2012
ORAL: M.L. Chauhan, Member (J): 1. This case has a chequered history. Earlier the applicant had filed Writ Petition (Civil) No.1049/1989, whereby the grievance raised by the applicant was regarding termination of his services as LDC vide order dated 11.07.1988 pursuant to the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 (Salaries, Allowances and Conditions of Service) Regulations 1961. The challenge to the said termination order was made on the ground that he was employed by the DDA as LDC on 16.08.1982 and had completed 03 years of service, as such was entitled to be declared as quasi permanent employee. Thus, his services could not have been terminated by invoking the aforesaid provisions of the CCS (TS) Rules and in any case it was incumbent upon the respondents to hold enquiry, as the basis for terminating the services was on account of criminal behaviour, which led to arrest and prosecution of the applicant. The applicant had also...
A.N. Gupta Vs. Union of India Through the Secretary and Another
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-03-2012
1. The applicant was working as Superintendent with the Respondent No.2, namely, the National Gallery of Modern Art, Jaipur House, New Delhi. When the respondents were in the process of establishing a branch of the Respondent No. 2 in Bangalore in April/May, 2008, it decided, vide Annexure A-2 letter dated 13.02.2008, to transfer one post of Keeper/Deputy Keeper and one post of Superintendent to Bangalore Branch for a period of two years or till the sanction of the regular staff for that Branch whichever is earlier. Accordingly, one Smt. Rehana Shah holding the post of Keeper/Deputy Keeper was transferred there in order to take charge of the accounting functions of the said branch. Likewise, the applicant was also transferred for a period of two years vide Annexure A-4 letter dated 13.04.2008. He handed over the charge to one Shri Zile Singh, UDC working under him and got relieved from his duty. However, after joining the Branch Office at Bangalore, he was facing serious health problem...
Gayatri Devi Vs. Govt. of Nct of Delhi, Through Chief Secretary and Ot ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-03-2012
The applicant’s husband was an employee of Respondent No.2. He was lastly posted as Superintendent in the Govt. Girls Senior Secondary School, Jahangirpuri, Delhi. He was also a beneficiary of Delhi Government Employees Health Scheme (`DGEHS’ for short). On 27.05.2009, the Medical Officer, DHS, Govt. of NCT Delhi, Rohini referred him for treatment to St. Stephen’s Hospital, vide Annexure A-1 (colly) OPD Card and the medical advice of the same date. There, he was admitted on the same date and discharged on 11.06.2009 with the advice to undergo capsule endoscope either in Ganga Ram Hospital or Appollo Hospital, vide Annexure A-2 (colly) emergency certificate dated 08.06.2009 and advice dated 15.06.2009. Accordingly, he visited the Indraprastha Apollo Hospital on 25.06.2009. On 06.07.2009, the Medical Officer, DHS, Rohini has also referred him to Indraprastha Apollo Hospital where he was admitted on the same date, vide Annexure A-3 OPD Card and remained there till discha...
Usha Aggarwal Vs. Director of Education, Govt. of Nct of Delhi, Old Se ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: May-03-2012
Mrs. Meera Chhibber, Member (J) 1. Applicant has challenged letter dated 7.5.2004 which is stated to have been conveyed to her along with letter dated 4.4.2008 by the Principal, Government Girls Senior Secondary School, Urdu Medium after the applicant had superannuated on 31.1.2007. She has further sought a direction to the respondents to refund amount of Rs.1,48,747/- deducted from the applicant by illegally withdrawing 7 notional increments which were already given to her during her service. In clause (v) she had further sought a direction to the respondents to grant her senior scale on completion of 12 years but at the time of arguments, this relief was not pressed. 2. The brief facts as stated by the applicant are that in 1982-83, Delhi Administration notified the vacancies of Trained Graduate Teacher (hereinafter referred to as TGT). After interviewing the candidates, a panel of 1492 candidates was prepared. In the panel it was specifically mentioned that the appointment will be i...
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