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. .....
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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