Court : Central Administrative Tribunal CAT Delhi
..... kalsi in the letter dated 31.3.2006 stated herein, was forged. now, smt. g. lalitha, is hereby, directed to explain as to why disciplinary action under section 14 of cca (ccs) rules should not be taken against her for submitting the said forged document in the disciplinary case against shri y.k. kalsi. explanation of smt ..... the examiner of question documents, chandigarh was received on 10.7.2006 & ddg, submitted his preliminary inquiry report on 17.10.2006, & respondents concluded the alleged incident/act amounts to criminal misconduct, as revealed vide note dated 4.12.2006, why they did not take any final decision in the matter & dragged their feet? instead of ..... these aspects with open mind dispassionately and a non-issue has been made an issue of far reaching consequences without any justification. in other words, the respondent acted in haste. fairness in public administration is a rule to ensure that the vast power in the modern state is not abused but properly exercised. the state .....
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..... the promise the court would have to balance, the public interest in the government's carrying out the promise made to the citizens, which helps citizens to act upon and alter his position and the public interest likely to suffer if the promises were required to be carried out by the government and determine which way ..... anglo afgan agencies air we are unable to accede to the contention that the executive necessity releases the government from honouring its solemn promises relying on which citizens have acted to their detriment. under our constitutional set up no person may be deprived of his authority of law, if a member of the executive seeks to deprive a ..... issue in this oa, which is about agt 2006. we have already discussed this in foregoing paragraph. as far as the fact of the applicant joining at lucknow acting as estoppel is concerned, the learned counsel for the applicant would argue that the applicant joined under compulsion, in view of the order that the transferred officers must .....
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..... the only star witness prosecutrix had turned hostile. applicant was arrested on the basis of prosecutrix's statement and he was also medically examined. she had also given statement under section 161 cr.pc. ms. rashmi chopra, learned counsel strongly refuted the contention that plea of rule 12 had not been considered by concerned authorities. it was pointed out that from ..... created direct threat to the victim and his relatives where she came to stay all the way from orissa. this is the reason that the statement of the victim under section 161 cr.pc was rightly brought on de file by the eo. i heard the appellant in o.r. and observed his gestures, outlook and behaving style. i could ..... , who joined as constable, delhi police in 1990, was involved in a criminal case vide fir no. 1065/2002 dated 04.12.2002 under sections 376/342/506/34 ipc and 25/27/54/59 arms act at police station nangloi. he was taken into custody on 05.12.2002.allegations against him had been that he raped one ms. 's'. he .....
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..... the executive committee of the institute with the president of the institute as chairman. further standing committees are to be constituted as per the rules.14. section 11 of the act provides chief executive officer of the institute, who shall be designated as director, who shall exercise the powers and functions, as prescribed under the regulations ..... t.d. dogra was appointed to look after the function for a period of one month or until further orders. on amendment in aiims act, 1956 (25 of 1956), section 3 stipulated in case of cessation of office by a director to be entitled to claim compensation not exceeding three months pay and allowances for pre ..... comptroller and auditor general (cag). the audited accounts are to be forwarded annually to the central government to be laid before both houses of parliament. section 21 of the act requires authentication of orders and decision of the institute by the president or any other member authorized by the institute in its behalf.17. the institute .....
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..... interview. when the entreaties made by the applicant, as detailed above, brought no tangible results and were not even responded to, he filed the present application under section 19 of the administrative tribunals act, 1985 seeking a writ in the nature of mandamus directing the respondents to relieve him from ssb to join his new assignment.4. in response to notice issued .....
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..... jurisdiction, power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the ..... disciplinary authority is entitled to hold that the delinquent office is guilty of the charge. the court/tribunal on its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at the own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... or utterly perverse. it is appropriate to remember that the power to impose penalty on a delinquent officer is conferred on the competent authority either by an act of legislature or rules made under the proviso to article 309 of the constitution. if there has been an enquiry consistent with the rules and in .....
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..... (dpc) for his promotion to the post of sr. manager (eandm) in sealed cover. assailing the said action of the itdc, he has approached this tribunal under section 19 of the administrative tribunals act, 1985 with the following prayers:- (a) declare that the convening of the dpc on 29.11.2010 and the decision of the dpc to keep the fate of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... considered view, would be applicable to the original applications filed under section 19 of the act of 1985. the rule of exhaustion of statutory remedies is the rule of policy, convenience and discretion, and the court in its considered view, in ..... may not be competent ordinarily when available remedies have not been exhausted. this law, it appears, has been incorporated specifically in the provisions contained in section 20 of the act of 1985. the circumstances, under which a person may be permitted to approach the high court without exhausting the remedies available to him, in our ..... contra, shri nidhesh gupta, the learned senior advocate representing the applicant, would contend that there is no express bar for resorting to an application under section 19 of the act of 1985 for an employee not exhausting all the remedies under the statute that may be available to him. in that regard, the learned counsel .....
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..... is allowed.2. four applicants, initially appointed as senior computer in pay scale of rs.1200-2040/- in the years 1987-1988 in this oa filed under section 19 of a.t. act challenge communication dated 13.09.2005 rejecting their representation for placement in edp grade-a, pay scale rs.1600-2660/- w.e.f. 1.1.1986 or ..... in secretary to govt. of india and ors. v. shivram mahadu gaikwad 1995 suppl (3) scc 231, it was held that it absence of any application under sub section (3) of section 21 praying for condonation of delay, the tribunal had no jurisdiction to admit and dispose of oa on merits. 27. the aforesaid conclusion is also fortified by the observations ..... for long, he thereby gives rise to a reasonable belief in the mind of others that he is not interested in claiming that relief. others are then justified in acting on that belief. article 14 or the principles of non-discrimination is an equitable principle and, therefore, any relief claimed on that basis must itself be founded on equity .....
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..... herein, holding the post of data entry operator grade-b since 1992 with the national crime records bureau, second respondent herein, has filed this original application under section 19 of the administrative tribunals act, 1985 seeking setting aside of office order dated 29.03.2006 vide which the second respondent had declined to relieve him to join on deputation in the ministry .....
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