Judgment Search Results Home > Cases Phrase: bronze coin legal tender act 1918 Court: central administrative tribunal cat delhi Page 1 of about 14 results (0.076 seconds)

S.K. Sinha Vs. Union of India Through the Secretary (Revenue), Ministr ...

Court : Central Administrative Tribunal CAT Delhi

..... misconduct by way of prematurely deciding to dispose off 5 lots of ball bearings, and that too in an irregular manner, inasmuch as, instead of taking steps for auctioning the said seized ball bearings, he had arbitrarily decided to issue one tender notice no.02/96-97 dated 21.06.96 for the purpose of disposal of the said goods, which was contrary to the instructions contained under paragaraph 16 of cbrs f.no.11/6/61-cus.iv dated 13.06.1961. ..... (a) dated the 13th december, 1956 states that an order of censure is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to censure unless it is intended to be such a formal punishment and imposed for good and sufficient reason after following ..... sinha, the applicant in the present oa, while working as assistant commissioner of bareilly customs division initiated the proceeding for disposal of unclaimed and confiscatable ball bearings through tender with prior intimation to the commissioner, instead of adopting auction as the method of disposal. ..... the chief vigilance officer (cvo), cbec concluded on 06.10.2008 that the applicant had acted in accordance with the prevailing practice of the commissionerate without any malafide or dishonest motive ..... the issue of charge sheet against the applicant for his above action is legally unsustainable as he has not committed any misconduct. .....

V.K. Nehru Vs. Chairman and Managing Director and Others

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... , and they had duly proved the misconduct of the applicant, and the fact that the applicant had deliberately and fraudulently obtained the approval to cancel the already invited tender, in order to be able to reframe the estimate and re-invite the tender, under the disguise of the loss of the concerned file, which was later found from the applicants own charge by a duly constituted committee, which opened his almirah ..... that the punishment imposed upon him was excessive, and not in accordance with rule-11 of the ccs (cca) rules, 1965, and that both the presenting officer and the enquiry officer have not acted in a fair manner, by trying to get certified/attested copies of files from the cbi, which was not done, and, therefore, no reasonable opportunity was given to him to defend himself during the enquiry, ..... applicant was first placed under suspension, and was later prosecuted and was convicted by the special judge, acb-cbi, as per judgment dated 29.11.2010, for various offences under prevention of corruption act and the indian penal code, and was sentenced to undergo rigorous imprisonment for a period of 4 years and find of rs.20,000/- under section 7 of prevention of corruption ..... exercised reasonably has to be reconciled with no less important doctrine that the court must not usurp the discretion of the public authority which parliament appointed to take the decision within the bounds of legal reasonableness is the area in which the deciding authority has genuinely free discretion. .....

Dr. Y.R. Midha Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

..... to the facts and circumstances of the present case where the applicant who has refused to be a party in the payment made to the swiss firm, which has not even completed its contract and found to have acted against the norms as decided by the committee as well the cag without certification and having regard to the fact that his son was working in the swiss firm accorded the payment and has not ..... official documents, including letters and notes and files to persons to whom he is not authorised to communicate and has been alleged to have violated the provisions of rule 11 of the ccs (cca) rules, 1965 and has also acted in a manner unbecoming of a government servant as despite his suspension he refused to obey the repeated instructions to return the computer, peripherals and other official furniture. ..... not even discharged its liability as per the contract and inter alia bringing on record the fact of r 3' s son being employed there and having his interest in the contract who was called without any tender and despite the availability of staff with the cag to conduct the same makes the disciplinary authority, i.e. ..... according to him the charge is not legally sustainable as from the perusal of the articles of charge as well as the imputation no misconduct is made out against ..... is with heavy heart we are constrained to hold as not legally sustainable.18. ..... are of the considered view that the present chargesheet issued to the applicant suffers from bias, malice and is not legally sustainable.15. .....

Dinesh Kumar Patnaik Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(1)SLJ134CAT

..... is also the case of the respondents that the applicant did not make any representation against the memorandum dated 22.9.2004 and, therefore, the original application is hit by section 20 of the administrative tribunals act, 1985 as also the same is barred by limitation having been filed on 11.9.2006 challenging the memorandum dated 22.9.2004.there does not appear to be any merit in the preliminary objections even though specifically ..... he raised serious objections based on law, and it is the case of the respondents, while denying charge of causing delay that since the applicant had raised issue of legality of procedure it had taken time to conclude the same.the objections raised by the applicant are on record at annexure avi dated 12.10.2004. ..... it was not the case of the disciplinary authority ever before issuance of memorandum dated 21.3.2007 that the advice tendered by the upsc was in regard to the quantum of punishment and in regard to the nature of proceedings as well and that the disciplinary authority, after considering ail the parameters including the advice of ..... the controversy, it is pleaded that the disciplinary authority considered all the material before it and initiated minor penalty proceedings, and when the applicant tendered his apology and regretted the incident, the same is being made a ground for imposition of major penalty. ..... whether, in the facts and circumstances of the case, the advice tendered by upsc is justified, would be yet another question that would need .....

Shri K.P. Singh, S/O Late Shri Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... and weighed the evidence with anxious care 'the constitution enshrines and guarantees the rule of law and article 226 is designed to ensure that each and every authority in the state, including the government, acts bona fide and within the limits of its power and we consider that when a court is satisfied that there is an abuse of misuse of power and its jurisdiction is invoked, it is incumbent on the court ..... of the merits of a selection made for appointment to a service or a civil post, the tribunal has rightly proceeded on the basis that it not expected to play the role of an appellate authority or an umpire in the acts and proceedings of the dpc and that it would not sit in judgment over the selection made by the dpc unless the selection is assailed as being vitiated by mala fides or on the ground it is being arbitrary. ..... he invited attention to section 8(1)(g) of the central vigilance commission (cvc, for short) act 2003, which provided that cvc shall, inter alia, tender advice to the central government on such matters as may be referred to it by the ..... the decision of the selection committee can be interfered only on legal grounds such as illegality or patent material irregularity in the constitution of the committee or its procedure vitiating the selection, or proved malafides ..... is also taken into consideration, it is improper to impute legal mala fide against the selection committee. ..... in the absence of any such legal requirement the selection made without recording reasons .....

G.C. Jatav Vs. Secretary Cum Chairman, Standing

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2005)(1)SLJ280CAT

..... vary with the varying constitutions of statutory bodies and the rules prescribed by the legislature under which they have to act, and the question whether in a particular case they have been contravened must be judged not by any preconceived notion of what they may be but in the light of the provisions of the relevant act," "the reading out of the contents of the police report by the chairman at the hearing of the appeal was ..... air 1957 sc 882 held as follows: "(10) now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. ..... to examine the cited witness and to tender the evidence the documents which are relied upon are two principles which precedes the holding or disciplinary proceedings and condition precedent for involving a penal action against the ..... " the aforesaid is the legal proposition referred to us by the learned counsel for ..... 1111, the following relevant observations were made: "(4) the tribunal gave two reasons for holding that the dismissal was unjustified; namely--(1) that proper procedure had not been followed, and (2) that legal evidence was wanting. ..... the other legal ground raised are not adjudicated, as ..... , placing reliance on these two documents even by the standards of preponderance of probabilities cannot be legally sustained. ..... , applicant has raised several legal contentions. .....

N. Mohammad, Jag Danics Project Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)(3)SLJ1CAT

..... xxx(2) xxx xxx xxx(3) xxx xxx xxx (4)(i) no government servant shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf,- (a) lend or borrow or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company within the local limits of his authority or with whom he is, likely to have official ..... as the advice of the upsc has not been admittedly tendered to the applicant along with the final order, there has been a deprivation to the applicant of reasonable opportunity, as this additional material of disagreement by the upsc has weighted in the minds of the disciplinary ..... above, before we proceed to take up the question whether any misconduct is attributable to him or validly established in law, the legal infirmity cropped up in the proceedings are relevant to be highlighted. ..... ruled that when there is a disagreement between the disciplinary authority and the upsc or vice versa, the advice of upsc has to be tendered by the disciplinary authority before imposition of punishment. ..... sought permission and informed him on permission, yet the finding of the inquiry officer without specifying as to who was the prescribed authority, the administrator of andamans being observed as a prescribed authority, is not a correct legal factual position under the rules. ..... learned senior advocate took various legal grounds to assail the .....

Rajiv Tomar, Ex-constable of Vs. Union of India (Uoi) Through Its

Court : Central Administrative Tribunal CAT Delhi

..... it would be too iniquitous and unjust not to rehabilitate a juvenile who was of tender years at the time of the crime and may not be himself knowing what he was doing was wrong.8. ..... while dealing with the provisions of section 19 of the juvenile justice (care and protection of children) act, 2000, and the time lag between the involvement of the applicant in the criminal case and his selection as constable, we held as follows: 20. ..... there was no trial conducted against him, having been dealt under the juvenile justice act, 1986.twelve years thereafter, he successfully competed for the post of constable (exe. ..... we are of the considered view that the objects and reasons of the act of 2000 read with section 19 thereof would clearly suggest the intention of the legislature in not debarring a juvenile for securing a government job for the rest of his life. ..... 364/1995 under section 323/324/354/504 ipc & 3(i) sc/st act, ps baraut (up) in the relevant column of the application as well as attestation forms despite clear instructions given at the top of the forms that giving any kind of false information or concealing any facts would be treated as disqualification. ..... the hon'ble supreme court application of the principles of natural justice that no man should be condemned unheard intends to prevent the authority from acting arbitrarily affecting the rights of the concerned person. .....

Kapoor Chand Verma Vs. General Manager (P) Northern Rly.

Court : Central Administrative Tribunal CAT Delhi

..... the applicant has assailed these impugned orders on various legal pleas including that the disciplinary authority, while disagreeing with the findings of the enquiry officer over charge no. ..... referring to the railway board's letter dated 20.1.1986, it is contended that the disciplinary proceedings are quasi-judicial in nature it is incumbent upon the disciplinary authority to record reasons to tender explanation by the delinquent official. ..... the respondents in their reply refuted the contentions of the applicant and stated that the tribunal has no jurisdiction to reappraise the evidence and cannot act as an appellate authority by holding a fact finding enquiry. ..... ease and rather as prejudice has been caused to the applicant by non-observance of substantial provision of putting a charge and the relevant notice of it to the applicant and further according him an opportunity to defend the same is not legally tenable.11. ..... as such this contention of the applicant is not legally tenable.7. .....

Pushpender and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(91)SLJ238CAT

..... another ground raised is that the respondents have taken undue haste after promulgation of the amended rules in march, 2003 to hold the dpc and promote the incumbents, which act of the respondents shows a favoritism to a class depriving the vested rights of the applicants.undue haste is not by itself illegal unless shown to be mala fide.after promulgation of the amended rules in 2005, ..... justifying the fee levied by them the board contended that it had to render multifaceted and multitude of services contemplated under section 11(2) of the act which included the following mandatory duties under the act: 11(2): (a) regulating the business in stock exchanges and any other securities markets; (b) registering and regulating the working of stockbrokers, sub-brokers, share-transfer agents, banks to an issue, trustees of trust deeds, registrars to an ..... of the stock exchanges and intermediaries and self-regulatory organizations in the securities market; (j) performing such functions and exercising such powers under the provisions of the capital issues (control) act, 1947 (29 of 1947) and the securities contracts (regulation) act, 1956 (42 of 1956), as may be delegated to it by the central government; (k) levying fees or other charges for carrying out the purpose of this section; 14. ..... or acceptance means ill will against a person, but in the legal sense it means a wrongful act done intentionally without just cause or excuse. ..... can also participate in the tender process and get his bid .....