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Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: central administrative tribunal cat madras Page 9 of about 135 results (0.150 seconds)

Mar 30 2012 (TRI)

S. Subramanian Vs. Union of India Rep., by Its Secretary and Others

Court : Central Administrative Tribunal CAT Madras

..... on receipt of the presidential order, the third respondent had taken action for release of the retirement benefits and accordingly, the payment of dcrg was ordered on 17.10.2008 after getting authorization from the general manager, postal accounts and finance, chennai. ..... as per the presidential order communicated to the applicant vide memo dated 21.8.2008 of the first respondent, disciplinary proceedings against the applicant were ordered to be dropped. ..... the above oa is filed by the applicant under sec.19 of the administrative tribunals act, 1985 challenging the legality and propriety of the order no.c/2-19/2005-06 dated 26.4.2010 passed by the third respondent and further relief of direction to the respondents to pay interest to the applicant for the belated payment of retirement ..... the honble president has issued the order on 21.8.2008 and ordered to drop the proceedings initiated against the applicant under rule 9 of ccs (pension) rules, 1972. ..... the presidential order was communicated to the applicant vide memo dated 21.8.2008. ..... in continuation of the said order, the sspo had issued the communication dated 15/17.9.2008. ..... the honble president was pleased to drop the proceedings vide order dated 21.8.2008. .....

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Dec 02 2011 (TRI)

K. Kandappan Vs. Union of India Rep by Its Secretary to Government, De ...

Court : Central Administrative Tribunal CAT Madras

..... clarification issued by the government of india in letter no.35034/1/97-estt(d)(vol.iv) dated 10.2.2000(annexure a.25), we direct the respondents to grant the first acp to the applicant in the pay scale of rs.4000-6000 from 9.8.1999 and pass appropriate orders within a period of thirty days from the date of receipt of a copy of this order. ..... satapathy, administrative member the oa is filed under section 19 of the administrative tribunals act, 1985 seeking the following relief: to call for the records on the file of the second respondent relating to the impugned order bearing ref:no.60187/cs(edn-i)e7/08 dated 19.8.2008 and quash the same in as much as it grants the scale of rs.3,200-4,900 as acp benefit to the applicant and consequently direct the respondents to grant the scale of rs.4,000-6,000 with effect from 9.8.1999 ..... the applicant has been granted the acp in the pay scale of rs.3200-4900 as per the rules and there is no illegality in the impugned order dated 19.8.2008(annexure a.22). ..... it is further stated by the learned counsel that the applicant was placed in the scale of rs.3200-4590 with effect from 9.8.1999 under the acp scheme of 1999 by the order dated 19.8.2008(annexure a.22). .....

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Dec 16 2011 (TRI)

K. Pondaiah Vs. the Chairman, Railway Board, Rail Bhavan, New Delhi an ...

Court : Central Administrative Tribunal CAT Madras

..... satapathy, administrative member the applicant has come before this tribunal by filing the oa under section 19 of the administrative tribunals act, 1985 for quashing of the impugned order dated 22.10.2010 whereby his request for pensionary benefits based on the pay scale of rs.7500-12000 has been rejected and consequently prayed for a direction to provide all ..... as such, the applicant has filed a w.p.no.15374 of 2009 before the high court of madras for a direction to issue writ of mandamus to the second respondent in the wp to consider his representation dated 15.4.2008 for refixation of pension and other benefits by virtue of the order passed in w.p.no.35849 of 2002 dated 29.11.2005. ..... based on the direction issued by the hon'ble high court in wp no.15374 of 2009, the representation of the applicant dated 15.4.2008 was disposed of by the impugned order dated 22.10.2010 rejecting the claim of the applicant. .....

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Jun 18 2012 (TRI)

A. Arumugam and Others Vs. the Chairman Railway, Board, Indian Railway ...

Court : Central Administrative Tribunal CAT Madras

..... laxmi devi 2008(4) scc 720 the court must maintain judicial restraint in matters relating to the legislative or executive domain." 21. ..... chander hass 2008(1) scc 683 and in govt. of a.p. vs. p. ..... 19 of the administrative tribunals act, 1985 seeking the relief of calling for the records of the respondents with regard to the notification rbe no 42/2011 dated 29th march, 2011 and quash the same in so far as the applicants are concerned. 2. ..... 2008(14) scc 702 has observed vide paragraphs 5 to 9 : "5. .....

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Jun 26 2012 (TRI)

K. Durai Babu Vs. Union of India Rep. by the General Manager, Southern ...

Court : Central Administrative Tribunal CAT Madras

..... ) challenging the rejection of the applicant's request for correction of his date of birth by the impugned order dated 20.1.2012 passed by the second respondent, this application is filed by the applicant under section 19 of the administrative tribunals act, 1985 for quashing of the said order and prays for a direction to correct his date of birth as 20.1.1957 instead of 20.1.1952 and continue him in service till 31.1.2017. 2. ..... it would be appropriate and in tune with harmonious construction of the provision to hold that in the case of those government servants who were already in service before 1979, for a period of more than five years, and who intended to have .....

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Oct 18 2012 (TRI)

K. Sekar Vs. Union of India Rep. by Mrs. Shanthi Nair, Chief Post Mast ...

Court : Central Administrative Tribunal CAT Madras

..... thus, in the light of the above submissions and after perusal of the records, we feel it appropriate to give directions to the respondents to consider the applicant for promotion to the cadre of postman and extend him all consequential benefits on par with similarly placed gds employees mentioned in the letter dated 20.10.2010 and ..... 17 of the administrative tribunals act, 1985, with a prayer to punish the respondents for having committed contempt of this tribunal by disobeying order of this tribunal dated 23.11.2011 in o.a. no. ..... 21 of the contempt of courts act, 1971 read with sec. .....

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Dec 04 1998 (TRI)

V. Usha Rani Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Madras

..... in the result, the impugned order dated 26.5.1998 stands set aside.it is open to the respondents to take appropriate proceedings against the applicant under the central civil services (classification, control and appeal) rules, 1965, so that it will be in compliance of article 311 of the constitution of india. ..... it is settled law that if any material adverse to the respondent formed a foundation for termination, principles of natural justice may necessarily require that prior opportunity of notice be given and after considering his reply appropriate order may be passed giving reasons in support thereof. ..... in our view, the first respondent ought to have initiated disciplinary proceedings against the applicant and after giving a reasonable opportunity should have passed an appropriate order. ..... (supra) an assessment under the sales tax act was quetioned and in that context, the division bench followed the principles laid down by the earlier division bench of the madras high court. .....

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Jan 04 1999 (TRI)

N. Haribaskar I.A.S. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Madras

..... from the above decisions that each of them starts with the indisputable proposition that there is no legal bar for both proceedings to go on simultaneously and then say that in certain situations, it may not be "desirable', 'advisable' or 'appropriate' to proceed with the disciplinary enquiry when a criminal case is pending on identical charges. ..... is guilty of such conduct as would merit his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings the question is whether the offences registered against him under the prevention of corruption act (and the indian penal code, if any) are established and, if established what sentence should be imposed upon him. ..... haribhaskar, ias, while you were chief secretary to government, with ulterior motive and evincing undue interest acted in injustified hurry and haste by issuing the government orders for the waiver of rs. ..... in may, 1996 the applicant was kept under suspension for having allegedly committed certain acts of misconduct during his tenure as chief secretary. ..... that the strict standard of proof or applicability of the evidence act stands excluded is a settled legal position. ..... offences under section 120-b ipc, 409, 420 ipc and section 13(2) r/w 13(1)(c) and (d) of prevention of corruption act, 1988 are disclosed against a-1 to a-6." 10. ..... filed is entirely based on the criminal law of the land for various offences under the indian penal code and prevention of corruption act as seen from the f.i.r. .....

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Nov 13 2000 (TRI)

R. Sivakumar, Ias Vs. Union Public Service Commission

Court : Central Administrative Tribunal CAT Madras

..... therefore a duty is enjoined on the governor to make the appointment in consultation with a body which is the appropriate authority to give advice to him.....these provisions indicate that the duty to consult is so integrated with the exercise of the power that the power can be exercised only in consultation with the person or persons designated therein".56. ..... of the constitution and whether the executive had properly implemented the law within the parameters of the constitutional provision, is the purview of the judicial review by the judiciary.the above would go to show that each act must be a bona fide act cementing all the three together so that it is only the constitutional mandate which alone prevails/percolates in its execution in the administration.49. ..... applying the above ratio to the case on hand we observe that the applicants have established beyond doubt that the selection committee had acted in a mala fide/biased manner and has been swayed by extraneous considerations and hold that this tribunal has got every right and power to interfere in the proceedings of the selection committee in view of the fact ..... it is the contention of the learned counsel appearing for the applicant that the selection committee had acted with mala fide intention and brought down the grading of the applicant from outstanding to 'very good' thereby causing him enormous loss by way of seniority and the consequential promotion.19. .....

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Jul 25 2001 (TRI)

Mr. Mir ZamIn Ali Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Madras

Reported in : (2001)(77)ECC24

..... not disputed that the opinion submitted by surveyor, though that may not be binding on the customs officer in deciding whether the claim for refund should be settled under section 13 or section 23 of the act, and it is for the customs officer to take an independent decision based on related documents like port tally sheets/landing remarks certificate and annotations given in the tally sheets against the packages landed. ..... faith or devotion to duty; (ii) if there is prima facie material to show recklessness or misconduct in the discharge of his duty; (iii) if has acted in a manner which is unbecoming of a government servant; (iv) if he had acted negligently or that he omitted the prescribed conditions which are essential for the exercise of the statutory powers; (vi) if he had been acted actuated by corrupt motive, however small the bribe may be because lord coke said long ago "though the bribe may be small ..... 3/1970, 1971, 1972 and 1973 of 1982, where it is clearly brought out that while considering the claim under section 13 and section 23 of the customs act, the department cannot take the plea that the importers had not brought to the notice of the customs officers about the shortage before an order for clearance of the goods or physical ..... the appropriate government the authority would, therefore, need to consider the totality of the facts and circumstances appropriate in each case and would form the opinion whether compulsory retirement of a government employee would be in the .....

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