Court : Central Administrative Tribunal CAT Delhi
..... though the rule 29 of the all india service (discipline and appeal) rules, 1969 provides that whenever the upsc is consulted to tender advice and where such advice is provided to the competent authority, the same shall be furnished to the member of the service concerned along with the copy ..... brought in certain contradictions in the deposition of certain witnesses and has not brought forward any new facts or evidence which would justify re-consideration of the upsc advice already tendered on the earlier occasion to the competent authority and indicated that imposition of compulsory retirement from service as penalty would suffice. ..... feeling aggrieved by the penalty order and the charge memo, he has instituted this oa under section 19 of the administrative tribunals act, 1985 with the following prayers:- a) quash and set aside the impugned memorandum dated 28.03.1995 (annexure a-1) as illegal and non-est, ab-initio or deem it lapsed in view of the tribunal ..... of the report of cvc and upsc, shri gosain would contend that upsc and cvc have tendered the same advice as has been made available to the applicant earlier in point of time. ..... officer and to permit him to engage a legal practitioner to act as his defence assistant and to adjourn the ..... raised certain points with regard to the advice tendered by the cvc and the noting of the cvc obtained by him under the rti act. ..... with regard to the advice tendered by the cvc and information which he received from the cvc under right to information act. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... learned counsel would further contend that in his reply to show cause and appeal statements of about 300 students have been listed who have clearly stated that applicant has not done any deprave act and accordingly it is stated that non-recording of reasons both in the impugned order and in the appellate order speaks volumes about the malafides on the part of the respondents.9. ..... the gestures and the lewd remarks made by applicant has kept him out of the ambit of definition of guru and rather by his acts he has proved himself to be an animal and a creature beyond the orderly society instead of teaching virtues of yoga and its importance in the guise of asanas he has misused his position as a teacher and acceded his jurisdiction by ..... the object sought to be achieved in such a procedure is that a student who is tender in age and innocent when dares to speak against a teacher of sexual misbehavior and if this misbehavior in a discreet pe on deposition is stated subsequently in a regular enquiry by calling the students would not only expose her to gruel cross- ..... those circumstances, the conduct of the appellant is unbecoming of a teacher much less a loco parentis and, therefore, dispensing with regular enquiry under the rules and denial of cross-examination are legal and not vitiated by violation of the principles of natural justice.16. ..... reason sought to be given by the director for dispensing with the enquiry has been held by the high court to be "unconstitutional and not legal". .....
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 ..... . the petitioner also failed to grant due weightage to the tender age of the respondent at the time of the commission of the alleged offence as also the fact that seven years had elapsed between the alleged incident and time of the application of the respondent ..... therefore, hold that the view taken by the screening committee was not based on some legally admissible material and therefore cannot be sustained in law. 11 ..... complainant further mentioned that all the accused were dreaded criminals and had murdered six persons of the village on 14.10.2004, and requested to take legal action against them being absconding criminals ..... a view to satisfy ourselves with regard to gravity of offence, we required the counsel representing the parties to produce before us the medico legal report of bittoo singh and jaipal ..... thus, taking into consideration the legal position as enunciated above, the decision of the authorities in having refused to give the respondent employment despite his selection merely because he was involved in a criminal case though he was acquitted much before his date .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... even then, the enquiry officer failed to examine three prosecution witnesses who did not appear before him to tender evidence even after issuance of repeated summons to them:- (i) shri rajbir singh s/o shri ram mehar singh; (ii) shri mukesh kumar s/o ..... on this ground alone the entire proceedings against the applicant including the act of the respondents putting him off duty is liable to be quashed and ..... since such orders may not conform to legal requirements, they may be liable to be held invalid, if challenged in a court ..... those three witnesses who were reluctant to tender evidence they should have been dropped instead of applying the coercive method to force them and in that process delay the proceedings for more than two years to penalize the appellant ..... , essential that the decision taken by such authorities are communicated by the competent authority under their own signatures, and the order so issued should comply with the legal requirements as indicated in the preceding paragraphs. ..... p.a of bawana post office who examined the daily accounts of the b.o auchandi and the postal assistant who issued the receipts marked as exhibits s.10a, b and c were not produced to tender evidence to prove those documents. ..... considering the legal position we are constrained to hold that the charge-sheet is bad ..... , impressed upon all concerned that the authorities exercising disciplinary powers should issue self-contained speaking and reasoned orders conforming to the aforesaid legal requirements. 3. .....
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