Judgment Search Results Home > Cases Phrase: carriage by road act 2007 section 20 power to make rules Court: central administrative tribunal cat hyderabad Page 1 of about 24 results (0.105 seconds)

Jada Vasantha Rao and ors. Vs. Union of India (Uoi), General

Court : Central Administrative Tribunal CAT Hyderabad

..... it is the contention of the respondents that the disciplinary authority after conducting enquiry minor penalty proceedings were issued as per rules and after considering the representation against the said proceedings the disciplinary authority found the applicants guilty in each case and has imposed punishment of recovery of pecuniary loss.therefore the ..... 11 dated 31.05.2006 for imposition of minor penalty against the applicant under the provision of railway servants (discipline & appeal) rules, 1968 with the statement of imputations that the applicant while working as lr cc/bza on microprocessor based sptm at east & west booking offices of vijayawada railway station committed serious misconduct which resulted in raising ..... in exercise of powers conferred under rule 22 of railway servants (discipline & appeal) rules, 1968, the undersigned has carefully gone through the appeal dated 17.08.2006 of sri p.v subbaiah,spc/bza along with the connected documents/records and pass the following orders: the appeal preferred ..... - in many cases you should have noticed the mismatch while making entries in the non-issue/cancellation registers whereas you have failed to do the same violating the procedure stipulated in jpo for ..... another representation to the 3rd respondent on 14.03.2006 wherein he has mentioned that the said decision of recovering the amount from his salary is against the provisions of payment of wages act 1936 under section 7(2)(e). ..... 377/2005 decided on 23.02.2007 in the case of .....

Pradeep Kumar Sinha S/O Badriprasad Vs. Union of India, Represented by ...

Court : Central Administrative Tribunal CAT Hyderabad

..... the issues that arise for consideration are (i) whether a quasi judicial authority could be subjected to disciplinary proceedings under ccs (cca) rules merely because his decisions did not meet with the approval of the higher authorities; (ii) whether there is a prima-facie case to proceed against the applicant and (iii) whether the charge memo is legally sustainable. 11 ..... the board vide its order dated 23.5.1996 delegated powers to the chief income tax commissioner / director general of income tax for reduction or waiver of interest only in the classes of income or classes of cases on conditions specified under paras (a) to (e) of para-2 of order under section 119(2) (a) of it act dated 23.5.1996. ..... thereupon on 5.5.04 the applicant has written a letter to the central board of direct taxes on the subject and make (sic, marked) a copy to joint commissioner of income-tax and deputy commissioner of income-tax, circle 9(1), hyderabad to implement the earlier instructions given for release of rs.4.39 crores and send a compliance ..... government of nct of delhi and others ( 2007 (4) scc 566) another two judges bench going by the nagarkar's case, held that no case was made out against the appellant. ..... high court of allahabad and another (2007 (4) scc 247) the three judges bench observed in para-12 of the judgment as follows :- "this court on several occasions has disapproved the practice of initiation of disciplinary proceedings against officers of the subordinate judiciary merely because .....

A. Appala Naidu and ors. Vs. the Chairman, Railway Board and

Court : Central Administrative Tribunal CAT Hyderabad

Reported in : (2005)(2)SLJ84CAT

..... the respondents have admitted the fact that the applicants have filed claim petitions under pw 4/96, 5/96, 46/96, 2/97, 2/98 and 3/98 for alleged difference of wages under provisions of minimum wages act, contrary to the guidelines under letter dated 8.6.1971 before the deputy commissioner of labour at eluru and the said authority has awarded huge amounts to the applicants taking erroneous view of law ..... is the further case of the applicants that when the respondents have not paid the minimum rates of wages under the minimum wages act and when they failed to pay the minimum rates of wages, all the applicants had to approach the authorities under the minimum wages act for enforcement of their minimum wages and the minimum wages authorities directed the respondents to pay the minimum wages through various awards like ..... railway administration and the applicants.further the applicants have produced the certified copies of depositions given by the witnesses examined in the above referred cases before the authority under the payment of wages act to point out that there are clear admissions by some railway officials to the effect that the applicants were rendering services as licenced parcel porters. ..... it is also in his evidence that the railway board's orders are issued in 1971 to make payments on hourly basis for parcel handling and prior to that, the payment was made on weight basis ..... the railway carries men and materials from one place to another place under different tariff rules. .....

G. Buddappa Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Hyderabad

..... (2) the charge does not constitute misconduct under the provisions of ccs (conduct) rules, 1964 and hence no enquiry could be held.the applicant submitted his statements on 21.3.98/8.5.98 denying the allegation made in the preliminary enquiry, the present charge memo was issued after delay of 2 years particularly when he was ..... buddappa, by his aforesaid acts, failed to maintain absolute integrity, showed lack of devotion to duty and acted in a manner unbecoming of a government servant, thereby violating the provisions of rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of ccs (conduct) rules, 1964." 2. ..... buddappa, by his aforesaid acts, failed to maintain absolute integrity, showed lack of devotion to duty and acted in a manner unbecoming of a government servant, thereby violating the provisions of rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of ccs (conduct) rules, 1964.3. ..... learned counsel for the respondent however seeks to rely to contend that he acted with ill motive and an allegation was also made to that effect. ..... misconduct has been defined in stroud's judicial dictionary (1986 fifth edition) as: "misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistakes, do not constitute such misconduct. ..... it must be, coupled with such other act or acts by which motive would be apparent either expressly or even be inferred by ..... it is necessary that the charge being made against an examiner and being of sensitive nature, considerable time should take for decision making process. .....

Shri D. Sukumar S/O Shri Vs. the Chairman, Central Board of

Court : Central Administrative Tribunal CAT Hyderabad

..... to acp and other cash rewards as held in the case of (i) delhi jal board v.mahinder singhbank of india v.degala suryanarayana applicant has further stated that as per section 155(2) of the customs act, 1962, no initiation of disciplinary proceedings can be taken for anything purporting to be done in pursuance of the customs act after a lapse of three months unless one month prior notice is issued within such period and accordingly also the proceedings are hit by limitation.he has ..... after the acquittal of the applicant, the disciplinary authority decided to proceed against the applicant departmentally for violating the departmental rules and accordingly the impugned memo dated 4.10.2006 was issued directing him to submit written statement of defence within 10 days of the receipt of the memo and also to state whether he desires to be heard in person.the articles of ..... in other words, this section is totally irrelevant so far as the disciplinary action that the respondents are contemplating against the applicant which are governed by different set of rules like ccs (conduct) rules or ccs (cca) rules etc. ..... 60,000/- and corresponding loss to the department and thus the applicant by the aforesaid act has exhibited lack of integrity, devotion to duty and acted in a manner unbecoming of a government servant and thereby violated rules 3(1)(i), 3(1)(ii) and 3(1)(iii) of ccs (conduct) rules, 1964. .....

Shri S. Gurumurthy Vs. Union of India Represented by the General Manag ...

Court : Central Administrative Tribunal CAT Hyderabad

..... the applicant submitted his reply (annexure a-5) stating that as the applicant was not acquainted with the section booked for working and was not given lr trips prescribed in the rule, he could not work the train and the same was duly informed to kolr through the deputy station superintendent (on duty) and also personally spoke ..... 3.78.2.2 which says that if a driver has not operated on a section for over three months, he should be given one road learning trip and if he has not operated in the section for over six months, two lr trips should be given to such ..... with the contentions raised by the applicant, shows the prejudiced mind of the respondents for imposing the impugned penalty, thus the action of the respondents shows colourable exercise of power which is illegal, arbitrary and is in violation of article 14 and 16 of the constitution. 4. ..... (b) as per the general and subsidiary rules, which are statutory in nature, the chief operations manager is the only competent authority to interpret the rules relating to safety of running trains, thus the action of the 3rd, 4th and 5th respondents in indulging in interpretation of the said rules and thereby imposing a penalty based on such wrong interpretation is an act committed without lawful authority, thus penalty imposed is void, illegal, arbitrary and is in violation of articles ..... by a driver (goods) in railways challenging the punishment order dated 18.4.2007 whereunder he was imposed punishment of stoppage of one increment for 35 .....

K. Srinivasan and Others Vs. Union of India, Rep. by the Secretary and ...

Court : Central Administrative Tribunal CAT Hyderabad

..... 2002 sales tax cases, page 523 wherein similar writ petition filed by the employees of m.e.s was dismissed holding that under the provisions of andhra pradesh tax on professions, trades, callings and employments act and rules 1987, there was no such provision granting exemption even with reference to the members of the armed forces of the union and that once there is no provision with reference to the members ..... government contended that there is no exemption provided even to armed forces under the andhra pradesh tax on profession, trades, callings and employments act and rules, 1987 and that the said legislation is now upheld by the hon'ble supreme court in the case of karnataka bank ltd. vs ..... under section 31 of the act, the state government may by notification make exemption or reduction in the rate of tax payable under this act by any specified clause of assessee subject to such restrictions and conditions ..... section 2(e), which defines the word 'employee'; section 2 (f) which defines the word "employer"; section 4 which deals with "levy and charge of tax" and section 5 which deals with "employer's liability to deduct and pay tax on behalf of employees" and their lordships have also considered the section 31 which deals with "power to exempt" and also considered sections ..... pt/1/2007-08 dated 16.06.2007 issued by the 9th respondent and quash the same and consequently hold the action of the respondents to recover the profession tax with arrears from the pay ..... dated 19.06.2007 issued by .....

Members of the Combined Civilian Employees Union of Controllerate of Q ...

Court : Central Administrative Tribunal CAT Hyderabad

..... sales tax cases, page 523 wherein similar writ petition filed by the employees of m.e.s was dismissed holding that under the provisions of andhra pradesh tax on professions, trades, callings and employments act and rules 1987, there was no such provision granting exemption even with reference to the members of the armed forces of the union and that once there is no provision with reference to the members ..... contended that there is no exemption provided even to armed forces under the andhra pradesh tax on profession, trades, callings and employments act and rules, 1987 and that the said legislation is now upheld by the hon'ble supreme court in the case of karnataka bank ltd. ..... under section 31 of the act, the state government may by notification make exemption or reduction in the rate of tax payable under this act by any specified clause of assessee subject to such restrictions and ..... section 2(e), which defines the word 'employee'; section 2 (f) which defines the word "employer"; section 4 which deals with "levy and charge of tax" and section 5 which deals with "employer's liability to deduct and pay tax on behalf of employees" and their lordships have also considered the section 31 which deals with "power to exempt" and also considered sections ..... /p.t dated 19.06.2007 issued by ..... pt/1/2007-08 dated 02.07.2007 issued by dcto, maredpally circle, secunderabad and set aside the same by holding that the decision to recover professional tax with arrears from the pay and allowances .....

S. Ramu and Others Vs. State of Andhra Pradesh, Rep. by Its Chief Secr ...

Court : Central Administrative Tribunal CAT Hyderabad

..... cases, page 523 wherein similar writ petition filed by the employees of m.e.s was dismissed holding that under the provisions of andhra pradesh tax on professions, trades, callings and employments act and rules 1987, there was no such provision granting exemption even with reference to the members of the armed forces of the union and that once there is no provision with reference to ..... there is no exemption provided even to armed forces under the andhra pradesh tax on profession, trades, callings and employments act and rules, 1987 and that the said legislation is now upheld by the hon'ble supreme court in the case of karnataka bank ..... the defence personnel by the state government and the applicants also come under the defence personnel who have been exempted, the applicants are at liberty to make a representation to their disbursing officers for appropriate orders and in case they failed to get any favour orders, they are at liberty to approach ..... under section 31 of the act, the state government may by notification make exemption or reduction in the rate of tax payable under this act by any specified clause of assessee ..... section 2(e), which defines the word 'employee'; section 2 (f) which defines the word "employer"; section 4 which deals with "levy and charge of tax" and section 5 which deals with "employer's liability to deduct and pay tax on behalf of employees" and their lordships have also considered the section 31 which deals with "power to exempt" and also considered sections .....

All India Naval Technical Supervisors Staff Association, Rep. by Its S ...

Court : Central Administrative Tribunal CAT Hyderabad

..... cases, page 523 wherein similar writ petition filed by the employees of m.e.s was dismissed holding that under the provisions of andhra pradesh tax on professions, trades, callings and employments act and rules 1987, there was no such provision granting exemption even with reference to the members of the armed forces of the union and that once there is no provision with reference to ..... there is no exemption provided even to armed forces under the andhra pradesh tax on profession, trades, callings and employments act and rules, 1987 and that the said legislation is now upheld by the hon'ble supreme court in the case of karnataka bank ..... defence personnel by the state government and the applicants also come under the defence personnel who have been exempted, the applicants are at liberty to make a representation to their disbursing officers for appropriate orders and in case they failed to get any favourable orders, they are at liberty to approach ..... under section 31 of the act, the state government may by notification make exemption or reduction in the rate of tax payable under this act by any specified clause of assessee ..... section 2(e), which defines the word 'employee'; section 2 (f) which defines the word "employer"; section 4 which deals with "levy and charge of tax" and section 5 which deals with "employer's liability to deduct and pay tax on behalf of employees" and their lordships have also considered the section 31 which deals with "power to exempt" and also considered sections .....