Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2213
..... mala fide are prima facie preponderous. authorities holding preliminary enquiry had not been fair to him and we have no hesitation to hold that they were biased and had acted for extraneous considerations, and it is a fit case where the suspension order ought to have been quashed. but considering the gravity of the charges, and particularly, ..... committee. if he was of such an opinion he ought to have reported to the disciplinary authority in advance before the conclusion of the enquiry. his failure to act in a legal manner, thus, exposes a particular frame of mind of the state's governance in this matter. if such a letter was received by the disciplinary ..... of the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-26-2003
Reported in : (2004)1UPLBEC170
..... . in such a situation, it is for the respondent to establish his case. the department is not expected to examine those other employees in the officer to show that their acts or records could not have formed the basis of wrong notings made by the respondent.'7. in the case of tara chand vyas v. chairman and disciplinary authority and ors .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-17-2003
Reported in : (2004)2UPLBEC1890
R.B. Misra, J.1. Heard Sri S.F.A. Naqvi learned Counsel for the petitioner. Sri Neeraj Tripathi said to be the Counsel for the Secretary, Basic Shiksha Parishad, Allahabad is not present, counter and rejoinder affidavits have been filed, therefore, assistance has been taken from Sri S.S. Sharma learned Standing Counsel for the State Government.2. In this petition, prayer has been made for issuance of writ of certiorari quashing the order dated 3.7.2000 passed by the Respondent No. 3 Basic Shiksha Adhikari, Sant Ravi Das Nagar. The claim of the petitioner is for getting employment on the compassionate ground in view of U.P. Recruitment of Dependants of Government servants Dying-in-Harness Rules, 1974 in short called 'Rules, 1974' hereinafter as amended Fifth Amendment Rules, 1999 as well as Sixth Amendment Rules, 2001.3. According to the petitioner the father and mother of the petitioner had already died in between 80-90 and only elder sister Km. Darakshan Bano was appointed Assistant T...
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : (2004)1UPLBEC85
Vineet Saran, J.1. Vishwa Nath Rai, father of the petitioner, was Headmaster in Panchayat Junior High School, Mithaura Bazar, District Maharajganj, which was a recognised Government aided Junior High School. He died-in-harness on 20.4.1990. The petitioner applied under the Dying-in-Harness Rules, 1974 for appointment as an Assistant Clerk or Assistant Teacher on compassionate ground claiming that he was duly qualified for being so appointed. Several reminders were sent to the respondents and since no orders were passed by the respondents, the petitioner filed this writ petition praying for a writ of mandamus directing the respondents to give appointment to the petitioner.2. I have heard Sri Vashistha Tiwari, learned Counsel appearing for the petitioner as well as Sri R.C. Dwivedi, learned Counsel appearing for the respondent-School and learned Standing Counsel for the State-respondents.3. The contention of the learned Counsel for the petitioner is that even though the father of the pet...
Tag this Judgment!Court : Allahabad
Decided on : Apr-18-2003
Reported in : (2003)3UPLBEC2106a
M. Katju J.1. This writ petition has been filed against the impugned judgment of the U.P. Public Services Tribunal dated 19.5.97, Annexure-I3 to the writ petition and the order dated 21.2.2002 rejecting the review application.2. Heard learned Counsel for the petition.3. The petitioner was initially appointed as Junior Clerk on 16.10.1962 in the service of the U.P. Government and thereafter on the selection post of Stenographer on 8.11.1971 and he was confirmed on these posts on 15.5.1971 and 1.8.1975 respectively.4. The Vidyut Nirikshkyalay Lipik Vargiva Sewa Niyamawali, 1973 was issued under Article 309 of the Constitution which superseded the earlier executive orders relating to the service condition of the clerical staff of the department. It is alleged that this Rule applies only to employee appointed on Or after 28.12.73 and not those appointed earlier since the Service Rules were not in existence prior to 28.12.73. It is alleged that the petitioner was appointed before the Servic...
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : [2004]136TAXMAN81(All)
orderm. katju, j.heard learned counsel for the parties.2. these two income-tax appeals under section 260a of the income tax act are being disposed off by a common judgment.the questions of law involved in these two appeals are as follows:'1. whether, on the facts and circumstances of ..... to the account named as 'deferred credit interest receivable account' was merely hypothetical income and not real income of the assessee/appellant and was taxable under the income tax act, 1961 2. whether the income tax appellate tribunal erred in law in appreciating and applying the correct concept of real income (either actually received or accrued), as laid ..... 191 (sc) and godhra electricity co. ltd's case (supra).18. learned counsel for the department has contended that in 1989 there was an amendment in the companies act, 1956 and thereafter all the companies are liable to maintain accounts on mercantile basis only. hence he submitted that the assessee cannot claim to maintain the transactions relating to .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-24-2003
Reported in : III(2003)ACC109
..... , jj.1. heard the learned counsel for the appellant-owner and mr. ram singh, learned counsel for the claimants-respondents.2. this appeal has been filed under section 173 of the motor vehicles act by the owner of the offending motor vehicle who was also the employer of the deceased who had met his untimely death in an accident involving the offending ..... of merits, which deserves to be and is hereby dismissed in limine.9. as prayed, the amount of rs. 25,000/- deposited in this court by the insurer-appellant under section 173 of the motor vehicles act be remitted to the motor accident claims tribunal concerned so that it may be disbursed to the claimant.
Tag this Judgment!Court : Allahabad
Decided on : Jul-15-2003
Reported in : III(2003)ACC643
Mukteshwar Prasad, J.1. First Appeal From Order No. 517 of 1981 filed by Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation) is directed against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur, whereby he allowed the claim petition of respondent No. 1 and awarded Rs. 32,680/- in all as compensation along with interest at the rate of 6% per annum from the date of filing of the claim petition.2. First Appeal From Order No. 568 of 1981 was filed on behalf of Sanjay Awasthi, claimant against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur whereby his application for compensation was partly allowed and the Corporation was directed to pay Rs. 32,680/- as compensation along with interest.Since both these appeals have arisen out of one judgment and order dated 25.4.1981, as such, both the appeals were...
Tag this Judgment!Court : Allahabad
Decided on : Jan-28-2003
Reported in : II(2003)ACC363
..... respondents in the proceedings under section 166 of the motor vehicles act on account of the untimely death of rajesh, who was aged about 22 years in an accident involving the offending motor vehicle.2. the tribunal after considering the ..... of the amount paid to the claimants from the owner/insured in accordance with law.8. as prayed, the amount of rs. 25,000/- deposited in this court under section 173 of the motor vehicles act be remitted to the concerned motor accident claims tribunal so that it may be adjusted against the amount to be paid to the claimants. ..... s.p. srivastava, acj.1. heard the learned counsel for the insurer-appellant.2. the insurer appellant has filed this appeal under section 173 of the motor vehicles act feeling aggrieved by the award of an amount of rs. 2,84,000/- as compensation together with simple interest at the rate of 9% per annum to the claimant .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-26-2003
Reported in : (2004)1UPLBEC201
R.B. Misra, J.1. In the present writ petition the petitioner has sought to quash the order dated 30.3.1994 (Annexure-3 to the writ petition), whereby the General Manager, Kanpur Jal Sansthan, Kanpur, has rejected the application of petitioner for getting employment on compassionate ground under the 'U.P. Recruitment of Dependent of Government Servant Dying-in-Harness Rules, 1974' (in short called as Dying-in-Harness Rules).2. Heard Mrs. Duga Tiwari, holding brief of Sri Ajay Sharma, learned Counsel for the petitioner and non-appears for the respondent.3. This writ petition is of the year 1994, therefore, a detailed order dated 16.5.2003 was passed, whereby the General Manager, Kanpur Jal Sansthan was issued a fresh notice in addition to dasti to give the response by next date of hearing. However, no response has been given by the respondent, therefore, the writ petition is decided on the available documents after hearing the learned Counsel for the petitioner.4. According to the petiti...
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