Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... by sro 282 dated 17 aug 69, is reproduced below for the information of all concerned:- in exercise of the powers conferred by sub-section (1) of section 4 of the army act, 1950 (xlvi of 1950), and in supersession of the notification of the government of india in the late war department no. 1584 dated the 29th june 1946, the ..... central government is pleased to apply all the provisions of the said act to civil general transport companies and independent transport platoons (civ gt) being ..... should have been subjected to the ccs (cca) rules, 1965. in case the appellate authority is convinced that the applicant is not amenable to the army act, 1950, the disciplinary authoritys order of discharging the applicant shall be treated as ab initio null and void and he shall be reinstated in service with all consequential .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... employee cannot proceed on ccl without first getting the said leave sanctioned. 8. it was further pointed out that while adopting its pension and provident fund rules under section-27 of the dd act, 1957, the dda has adopted the rules of the central government itself, and, therefore, the ccs rules cited are fully applicable in her case. it was ..... attracted to the facts and circumstances of the instant case. it was pointed out that the constitution of pension and provident fund of the dda is governed by section 27 of the dd act, 1957. it was further submitted that the child care leave (ccl) of 9 months was also properly granted to the applicant by the competent authority, but ..... the dda against the order of the controlling authority had also been dismissed for the reason of having been filed beyond the time prescribed in the proviso to section 7(7) of the act. however mr. anuj aggarwal, advocate for the respondent in w.p.(c) no.6886/2003 has stated that in view of the legal question involved, .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... firm viz. west-end and assisting the firm in this endeavour of getting an evaluation letter issued for supply of army equipments for consideration in kind and money. thus, by above act shri p sasi has shown lack of integrity and acted in a manner unbecoming of a govt. servant there by violated rule 3 (1)(i) and 3 (1)(iii ..... 1st may 98 - 14 mar 2001 passed on official information and documents to persons he was not authorized to communicate. thus, by the above said act shri p sasi has unauthorisedly communicated official document and information directly/indirectly to unauthorized persons ..... ) of the ccs (conduct) rules, 1964. art-ii:- shri p sasi while functioning as assistant in the mgo s branch/army hqrs. min. of def. during .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... to btc, htc or jtc, it was of the view that having regard to the directions contained in the government letter dated 23.3.1995 issued under section 13 of the act, candidates who possess cped certificates were eligible to be considered as untrained candidates, who, on selection and appointment should be subjected to training. but the division ..... had been sufficient material before the executive council to proceed in the manner in which it has done. it is not correct to say that the university had acted on nonexisting rule for ordering revaluation. ordinance 146 is comprehensive enough to include revaluation also for further action. the fact that two examiners were also the members of ..... what measures, substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the act. it is not for the court to examine the merits or demerits of such a policy because its scrutiny has to be limited to the question as .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... applicable to the appropriate case and the tribunal should be required to satisfy itself whether the explanation offered was proper explanation as prescribed under section 21 of the administrative tribunals act, 1985. in view of above, it is duty of the court to see whether the delay has been properly explained by the person ..... condone the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. the expression "sufficient cause" employed in section 5 of the indian limitation act, 1963 and similar other statutes is elastic enough to enable the courts to apply the law in a meaningful manner which sub serves the ..... the case, we consider it necessary to note that for quite some time, the administrative tribunals established under the act have been entertaining and deciding the applications filed under section 19 of the act in complete disregard of the mandate of section 21, which reads as under: 21. limitation - (1) a tribunal shall not admit an application, - .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
raj vir sharma, member (j). 1. in this original application filed under section 19 of the administrative tribunals act, 1985, the applicant has prayed for the following relief: i). declare that the applicant is not ..... the respondents considered the contentions of the applicant that he was posted as project manager, missamari no.2 to function under the cce (army) no.2, shri s.k.sharma, who was admittedly junior to the petitioner and that the applicant should not have been posted to ..... court indicated the question that arose for consideration of the tribunal: whether the posting of respondent no.2 at the project location of cce (army) at missamari was in the peace area or field area, i.e., disturbed area and was it in a rank lower than his ..... per petitioners own policy/circular, the respondent no.2 was entitled to be posted in the rank and status of director in the cce (army) as his above-stated posting was to the field area, i.e., disturbed area. the honble high court upheld the tribunals order .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... the grounds that the same is illegal, arbitrary and mala fide and it has been issued without jurisdiction. his further contention is that while issuing orders under section 264 of i.t. act, 1961, he was discharging his official duties as a quasi judicial authority and the allegations of illegality or irregularity cannot be made the subject matter of ..... is liable to a penalty, such confiscation or penalty may be adjudged without limit, by a commissioner of central excise'. in exercise of powers conferred by section 33 of the act the appellant held adjudication proceedings against the assessee and two others. a show-cause notice was issued to the assessee on four grounds asking him to show- ..... quashing the chargesheet at the threshold. in the process, the tribunal omitted to consider the law laid down by a three-judge bench of this court in chief of army staff v. major dharam pal kukrety (supra)... in our view, the ratio of the judgment in v.k. khanna's case could not have been invoked in the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... the question of jurisdiction to entertain this original application. he agreed that the respondent consortium for education communication is not a notified organisation under section 14 (2) of the administrative tribunals act, 1985 which reads as under:- (2). the central government may, by notification, apply with effect from such date as may be ..... if the central government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dates may be so specified under sub-section in respect of different classes of or different categories under any class of, local or other authorities or corporations [or societies]. 3 ..... specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of india or under the control of the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... as the public servant has been considered stated and re- stated, by this court in numerous judgments, since the constitution came into effect on 19th january, 1950. article 311(2) ensures that no civil servant is dismissed or reduced in rank except after an inquiry held in accordance with the rules of natural justice. ..... have observed as under: 19. the corresponding new bank referred to in section 8 has been defined under section 2(f) of the act to mean a banking company specified in column 1 of the first schedule of the act and includes the syndicate bank. section 8 empowers the government to issue directions in regard to matters of policy ..... and the gravity of misconduct proved. the authorities have to exercise their judicial discretion having regard to the facts and circumstances of each case. they cannot act under the dictation of the central vigilance commission or of the central government. no third party like central vigilance commission or the central government could dictate the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
1. the applicant has filed the present original application under section 19 of the administrative tribunals act, 1985 against the posting order dated 3.1.2014 (annexure a-1) whereby he is posted from ce (af) wac palam zone to pm map kapurthala. 2. mr. vinay k. ..... / mes by suppression of equivalent number of posts of respective grades. in terms of the said letter, the engineer-in-chief branch could have created a pool of officers to act as project manager but since the number of projects and requirement of manpower for the same could vary from time to time, the headquarter, director general map issued circular dated .....
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