Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... , the applicant exercised her option within the period of one year prescribed under the jipmer act, 2008 and the respondents took appropriate action thereon. ..... the following amendment was carried out: in section 28 of the jawaharlal institute of post-graduate medical education and research, puducherry act, 2008, in sub-section (1), - (a) for the words "one year", at both the places where they occur, the words "three and one-half years" shall be substituted; (b) in the proviso, for the words "provided that", ..... therefore, the option sought for under the jipmer (amendment) act, 2011 by which period of exercising of option by the employees of jipmer, puducherry was extended from one year to 3= years by amending section 28(1) of the jipmer act, 2008, would not be applicable to the applicant as she had already exercised her ..... once the applicant has exercised her option under jipmer act, 2008, withdrawal of the same would have been permissible within the last date ..... the applicant would be entitled for the benefits under the provisions of jipmer (amendment) act, 2011, we have carefully considered the objects and reasons of the amendment of jipmer act, 2008 carried out through act 10 of 2011. ..... jipmer having been declared as an institution of national importance by the jipmer act, 2008 and having been in force w.e.f. ..... by an act of parliament the jipmer, puducherry, act, 2008 came into force with effect from 14.07.2008 and jipmer was constituted as a body corporate as an institution of national .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... , the then sho/bawana, and io of the case were totally ignorant about the provisions of the drugs and cosmetic act, 1940 and they even did not bother to get any opinion from an expert police official or the prosecution branch before ..... copy of this order be sent to dcp (north-west) to initiate appropriate action against the delinquent officials with action taken report to be filed in this court within ..... its copy was sent to dcp (north-west) to initiate appropriate action against the delinquent officials with action taken report to be filed in the ..... inder singh and io of the case were totally ignorant about the provision of the drugs and cosmetic act, 1940 and they even did not bother to get any opinion from the expert police official or the prosecution branch, before seizure and it shows lack of supervision on ..... inder singh and io of the case were totally ignorant about the provision of the drugs and cosmetic act, 1940 and they even did not bother to get any opinion from the expert police official or the ..... 7603/2008 against the aforesaid order and the high court set aside the same vide order dated 21.09.2010 and its operative part is as under: we set aside ..... upon the order of the co-ordinate bench of this tribunal in oa 479/2008-insp. ..... 7603/2008 before the honble high court of delhi and the high court disposed of the same, vide judgment dated 21.09.2010, setting aside the order of this tribunal and with a further direction to ..... tribunal but it was dismissed vide order dated 24.09.2008. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... plea of the learned counsel for the petitioners that the respondents/candidates became eligible for selection in the obc category on the dates the certificates were issued by the appropriate authorities, cannot be accepted. ..... eligible under the obc category, the day the caste he belongs is notified by the appropriate authority as a backward class. ..... eligible under the obc category, the day the caste he belongs to is notified by the appropriate authority as a backward class. ..... in our view the candidates not belonging to a creamy layer whose case is notified as a backward class becomes entitled for reservation under the obc category and submission of the requisite certificate is only a ministerial act which cannot be equated with acquisition of education qualification to become eligible for a post. ..... not in dispute that before 4.8.2000 when the written test commenced, the state government had issued a notification amending the first schedule to the act including the castes to which the writ petitioners belonged, in the list of obcs. ..... 2008 ..... 2.05.2008, the review respondent was not having valid obc certificate, it has been submitted that obc certificate, once issued, remains valid till it is cancelled or ..... 2.05.2008, the review respondent was not having valid obc certificate as the one which he had produced was not issued within three years before the closing date of the notification, the said ..... date for the posts in terms of the advertisement for the combined graduate level examination, 2008. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... to the assessee on four grounds asking him to show-cause as to why central excise duty of rs.4,81,950/- be not recovered from him under rule 9(2) read with proviso to section 11-a of the act and why not 95,000 numbers and 25,500 numbers of hdpe bags seized in transit and from its factory premises be confiscated and why penalty be not imposed on it under rule 173-q of the ..... has been filed at a very premature stage with no cause arising against the applicant and without availing the appropriate opportunity to defend himself before the disciplinary authority the applicant has rushed to the tribunal. ..... charge, the learned senior counsel would submit that the allegation that the assessment was completed under section 158 bc of income tax act, where the assessing officer made various additions to the income and in the appeal order, the applicant deleted some of the ..... union of india and others [1999 -7-scc-409] under central excise rules, 1944 rule173q; section 11ac of the central excise act, 1944 and rule14 of central civil services (classification control and appeal) rules, 1965 where two principal issues arose for the consideration of honble supreme court: (1) if levy ..... this specific issue it is appropriate to provide brief factual background ..... at this stage, it would be appropriate to note that initiation of disciplinary proceedings and issue of the charge memo has originated from a secret note given by the reporting officer ..... 10,000/-were appropriated in lieu of confiscation; and (iii) .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... ) put up a note proposing to give relaxation in educational qualifications in respect of smt.pushpa mandal and shri prem matiyani approved the proposal submitted by shri george, though it was not an appropriate stage and relaxation was not to be given to individual candidates /persons. ..... they filed writ petition (c) no.3748/2007 against the said order of this tribunal and the high court disposed of the same vide order dated 26.9.2008 noting the submissions of the official respondents that they will withdraw the existing charge and issue a fresh charge. ..... it is completely within the domain of the disciplinary/appellate authority to decide whether act of an employee amounts to misconduct and if so what kind of proceedings, minor penalty proceedings or major penalty proceedings, are to be initiated against him/her. ..... on 8.4.1999 shri matiyani considered his own recommendation given as the selection committee chairman and approved it acting as appointing authority though he was not the competent authority. ..... on 8.4.1999 shri matiyani considered his own recommendation given as the selection committee chairman and approved it acting as appointing authority though he was not the competent authority. ..... in march, 2006, an application under rti act, 2005 was received from one shri madan lal of delhi in the min ..... in march, 2006, an application under rti act, 2005 was received from one shri madan lal of delhi in the min ..... the act and conduct of smt ..... the act and conduct of smt ..... the act and conduct of smt .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it goes without saying that the applicant would be at liberty to seek remedy before appropriate forum including filing of fresh original application pleading therein that the allotment of government accommodation falls within the condition of service of the applicant, if so ..... rasila rams case (supra), the honble apex court has held as under: once, a government servant is held to be in occupation of a public premises as an unauthorised occupant within the meaning of eviction act, and appropriate orders are passed thereunder, the remedy to such occupants lies, as provided under the said act. ..... bablis case (supra), the challenge was to the order passed under the public premises (eviction of unauthorised occupants) act, 1971 for initiating eviction proceedings of the petitioner therein. ..... this view of the matter, the impugned assumption of jurisdiction by the tribunal over an order passed by the competent authority under the eviction act must be held to be invalid and without jurisdiction. ..... was also held that where the impugned action relating to a government accommodation is initiated under the public premises (eviction of unauthorised occupants) act, 1971, oa is not maintainable. 15. ..... no stretch of imagination the expression any other matter in section 3(q)(v) of the administrative act would confer jurisdiction on the tribunal to go into the legality of the order passed by the competent authority under the provisions of the public premises (eviction of unauthorised occupants) act, 1971. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it goes without saying that the applicant would be at liberty to seek remedy before appropriate forum including filing of fresh original application pleading therein that the allotment of government accommodation falls within the condition of service of the applicant, if so ..... in rasila rams case, the honble apex court has held as under: once, a government servant is held to be in occupation of a public premises as an unauthorised occupant within the meaning of eviction act, and appropriate orders are passed thereunder, the remedy to such occupants lies, as provided under the said act. ..... bablis case (supra), the challenge was to the order passed under the public premises (eviction of unauthorised occupants) act, 1971 for initiating eviction proceedings of the petitioner therein. ..... this view of the matter, the impugned assumption of jurisdiction by the tribunal over an order passed by the competent authority under the eviction act must be held to be invalid and without jurisdiction. ..... was also held that where the impugned action relating to a government accommodation is initiated under the public premises (eviction of unauthorised occupants) act, 1971, oa is not maintainable. 16. ..... no stretch of imagination the expression any other matter in section 3(q)(v) of the administrative act would confer jurisdiction on the tribunal to go into the legality of the order passed by the competent authority under the provisions of the public premises (eviction of unauthorised occupants) act, 1971. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... scr 735 : ( (s) air 1955 sc 25) strongly supports the conclusion that the notification issued by the president conferring authority upon the commissioner to exercise the powers of the appropriate government in the matter of land acquisition under the land acquisition act has the force of law because even though issued by a executive authority, courts are, if challenged, bound to recognise and give effect to the authority conferred by the notification ..... 239 of the constitution, the chief commissioner of ajmer was not competent after the enactment of the constitution to function as the appropriate government under the minimum wages act and therefore all steps taken by the chief commissioner under the provisions of the act including the issue of the final notification fixing the minimum rates of wages for the employment in the textile mills in the ..... chief commissioner of ajmer purporting to act as the appropriate government published a notification in terms ..... the board shall also be authorized to make appropriate recommendations to the state government regarding the posting and transfers of officers of and above the rank of superintendent of police, and the government is expected to give due ..... unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an act or rule) or passed by an authority not competent to do so, an order of transfer cannot lightly be interfered with as a matter of course or routine for any ..... /2008 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... in a growing democracy, where the systems are failing and the weak and the downtrodden are hardly given the opportunity to sharpen their intellect thereby diminishing the ability of their consciousness to act as a mirror to their acts and actions, it is high time that the executive brings into place a policy where summary/ordinary conviction should not be treated as a conviction for entry or retention in government service ..... (c) no.1694/2011 impugns the order dated 25.11.2010 of the central administrative tribunal (tribunal), principal bench allowing the oa no.164/2010 under section 19 of the administrative tribunals act, 1985 preferred by the respondent and directing the petitioner delhi police to appoint the respondent to the post of head constable along with others of the batch for which he had competed, without however ..... it has been stated in clear terms that if any candidate is discharged by extending the benefit of probation of offenders act, 1958, the department also would not view it adversely for the suitability of the person concerned for government service. ..... it was also noticed that the delhi police itself has vide standing order no.398/10 dated 23.11.2008 framed "policy for deciding cases of candidates provisionally selected in delhi police, involved in criminal cases (facing trial or acquitted)" providing reference of such candidates to the screening committee to assess suitability for ..... directed to list the oa-1881/2011 before the appropriate bench on 31.8.2012 . 5. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it was found later on that the said vishwavidyalaya is not a university established by law in india nor it has been declared to be a deemed university under section 3 of the university grants commission act, 1956 and he was found to possess certain qualifications which could not be taken note of and, therefore, the action of the board was upheld by the high court in considering his case. ..... when the appellant possesses higher qualification from an appropriate board, we do not think it was necessary for the high court to examine other aspects of the matter. ..... however, it would be appropriate for the service selection board to examine the case of the appellant on the date he had filed the application which was the subject matter of the writ petition and decide the matter by making an appropriate recommendation to the government. ..... /1995) wherein, it is noticed by this court that it is permissible for the government when it came to know that the institution from which the appellant had passed was not recognised by the university grants commission, to take appropriate action in the matter. ..... since the appellant therein was having the higher educational qualification, the apex court directed the respondents to examine the case in the aforesaid background for making appropriate recommendation to the govt. .....
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