Judgment Search Results Home > Cases Phrase: bronze coin legal tender act 1918 Sorted by: recent Court: central administrative tribunal cat delhi Page 1 of about 14 results (0.080 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. .....

Jagbir Singh Vs. the Union of India Through the Secretary, Ministry of ...

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. .....

Prem Singh and Others Vs. Govt. of Nct of Delhi Through Commissioner o ...

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 .....

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. .....

Ravinder Kumar, Ips (Retired) Vs. Union of India Through Home Secretar ...

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. .....

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. .....

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 .....

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 .....

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 .....

J.N. Jha S/O Shri S.K. Jha Vs. Kendriya Vidyalaya Sangathan,

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". .....