Court : Central Administrative Tribunal CAT Patna
Reported in : (2008)(98)SLJ384CAT
1. Factual matrix necessary for a decision in this O.A. may be summarized as follows: The applicant joined Railway service and superannuated from service with effect from 31.3.1985. At the time he had joined the service, mandatory pension scheme was not implemented but thereafter the employees who were under Provident Fund (Contributory) Scheme, were given option to switch over to the pension scheme even before the pension was made mandatory. The simple dispute is that the applicant claims that he had filed his option for switching over to the pension scheme which option must be available in his service records, which the respondents have been denying in their Written statement and supplementary written statement. The respondents have claimed that the applicant had continued under contributory provident fund scheme and had never opted for pension. For that for the first time the applicant came up before this Tribunal in O.A. No. 242 of 1998 wherein the respondents had claimed that the...
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Barin Ghosh, J.1. Not only I am bound but I think the petitioner as well as the State Government are bound by a Division Bench Judgment rendered in the previous round of litigation inter se the petitioner and the State Government, which Judgment has been permitted to reach its finality.2. The petitioner while in service of the State Government was convicted for an offence committed outside the scope of his duties. The petitioner was convicted for three months under Section 448 & 380 of Indian Penal Code.3. Inasmuch as the petitioner was convicted, the State Government dismissed the petitioner from the services of the State Government. This order of dismissal was challenged in the earlier writ petition which ultimately was decided by a Division Bench in LPA No. 176/1999. The Division Bench felt that apart from dismissal, a lesser punishment as that of compulsory retirement, etc. could be awarded to the petitioner in the instant case.4. By the order impugned in the present writ petitio...
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1. The sole appellant has been convicted for the charge under Section 302 read with Section 34 of the IPC and awarded RI for life on that count and also a fine of Rs. 5000/- or in default to undergo further RI for two years. He has also been convicted of charge under Section 201, IPC for which he has been awarded RI for three years and a fine of Rs. 1000/- or in default further RI for one year.2. From the materials on record and the deposition of witnesses It appears that Kasha PS Case No. 109/1989 was lodged on 20-6-1989 by PW-5 Lakhi Prasad Chourasia, father of one of the deceased in this case, Kamlesh Kumar Chourasia. According to prosecution case the aforesaid Kamlesh Chourasia aged about 15 years and another boy Bhulla Prasad Chourasia aged about 18 years, son of Hira Lal Chourasia (PW-9) became traceless on 2-6-1989 for which some information was given to the Police Station also later on. On 20-6-1989 at the instance of Lakhl Prasad Chourasia some villagers Including PW-7. Md. T...
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