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H.P. Singh, Superintendent Vs. Union of India (Uoi) Through Its

Court : Central Administrative Tribunal CAT Delhi

..... imperative. there are two boards one the central board for direct taxes and another central board of excise and customs (cbec) constituted under the provisions of section 3 of the central boards of revenue act, 1963. section 3 mandates that the boards constituted under that provision shall subject to the control of the central government, exercise such powers and perform such duties, as .....

Pradeep Kumar S/O Shyam Bihari Vs. Government of Nct of Delhi Through

Court : Central Administrative Tribunal CAT Delhi

1. pradeep kumar, the applicant herein, as per the case set up by him in the present original application filed under section 19 of the administrative tribunals act, 1985, was appointed as a tabla player/attendant/helper to the music teacher with respondent no. 5 on 1.10.1980. he claims to be a class iv employee. on ..... a tabla player/attendant to the music teacher. government of nct of delhi, directorate of education is said to have issued circular no. de/22/6/6/87/pfc/1815-1884 on 22.3.2000, by which the post of the applicant is duly covered. it is his further case that he has completed far more than three years service and .....

Shri K.P. Singh, S/O Late Shri Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... from various sources to arrived at an informed decision, given the sensitive nature of the post. in this context, 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 ..... 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 ..... which the power was vested or whether the proceeding have been initiated malafide proceedings for satisfying a private or personal grudge of the authority against the officer if the act is in excess of the power grant or is an abuse or misuse of power the matter is capable of interference and rectification by the court. in such .....

Sh. Krishan Lal Srivastava and Vs. I.C.A.R. and anr.

Court : Central Administrative Tribunal CAT Delhi

..... is a private party and, therefore, there are.no service guarantees which are violated.19. with regard to the prohibition to employ contract labour under section 10(1) of the act, i hold that the 1976 notification deals merely with watching a building and does not deal with security. the 1976 notification is not a all ..... material furnished do indicate that the work in all the establishments including those of the appellants, is of perennial nature satisfying all the tests engrafted in section 10(2) of the act. accordingly, on finding the work to be of perennial nature, it had recommended and the central government had considered and accepted the recommendation to ..... air india statutory corporation's case (supra) wherein it is held as under : "the appropriate government is the central government from the inception of the act. the notification published under section 10 on 9.12.1976, therefore, was in exercise of its power as appropriate government. so it is valid in law. there is no substance .....

Udai Singh Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

..... consideration the aforesaid extraneous materials, these orders are liable to be quashed and set aside.12. the respondents have, therefore, not followed the procedure laid down under section 21 of the delhi police act, 1978 read with the rules made thereunder, nor complied with the principles of natural justice in the conduct of the disciplinary proceedings. if the respondents were relying on .....

Smt. Bhagwati Devi, W/O Late Shri Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... is admissible to widow of a 'railway servant'. unscreened casual labourer with temporary status does not fall within the definition of "railway servants", defined under section 3(23) of the aforesaid rules. similarly, unscreened casual labourer with temporary status does not fall within the definition of "temporary railway servant" in terms ..... service. such casual labour who acquire temporary status, will not, however, be brought on to the permanent establishment unless they are selected through regular section boards for class iv staff. they will have a prior claim over others to permanent recruitment and they will be considered for regular employment without ..... of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. high courts acting under article 226 of the constitution of india, should not ordinarily issue directions for absorption, regularization or permanent continuance unless the recruitment itself was made .....

Ajit Kumar S/O Shri Balwant Singh Vs. Govt. of N.C.T.D. Through

Court : Central Administrative Tribunal CAT Delhi

..... selection was cancelled. tribunal directed the authorities to reconsider the case on the ground that he had already been acquitted of the offence punishable under section 304 ipc, under section 324 read with section 34 ipc, in the meantime, therefore, he cannot be denied right of appointment to the post under the state.matter was carried to the ..... and ors v. ram ratan yadav while dealing with a case where respondent had been terminated for suppressing the material fact regarding pendency of criminal case under section 323/294/506-b at the time of filling up attestation form held as under: the object of requiring information in columns 12 and 13 of the ..... no. 15 in spite of clear warning given at the top of the application form that furnishing of any false information will be treated as a disqualification. his act clearly shows his malafide intention to seek appointment in delhi police by adopting deceitful means, therefore, his services have rightly been terminated by attracting sub-rule (1) .....

Dr. Mithilesh Swami Vs. Government of Nct of Delhi Through Chief Secre ...

Court : Central Administrative Tribunal CAT Delhi

..... the answer was in favour of the vice principals and principals. in brief, the learned single judge noted the definition of teacher as defined under section 2(w) of the delhi school education act 1973 which defined a teacher to include the head of school. the learned single judge noted that as per rule 110 of the delhi school education ..... other aspiring candidates waiting for the post of principals/vice principals as these posts are very limited i.e. only one in one school, (iii) the principal/vice principal act as head of school, enjoy the financial powers as per rules/law which is not the case of the teachers, (iv) the principal/vice principal who functions as ..... v.k. bali, chairman: 1. dr. mithilesh swami, the applicant herein, through present original application filed by her under section 19 of the administrative tribunals act, 1985, seeks to quash and set aside order dated 04.08.2011 (annexure a-1), vide which her case for automatic re-employment after retirement, pursuant to .....

Rohtas Bhankhar and ors. Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

..... . the hon'ble supreme court held that the provisions of lower qualifying marks and lesser level of evaluation in the matter of promotion for reserved category is not permissible under section 16(4) in view of the command contained in article 335 of the constitution. their lordships followed para 8.29 the judgment in indra swahney v. union of india, 1992 ..... equality of status. it would be an opportunity to improve excellence which is a fundamental duty. in the light of article 16 (4-a) introduced by the constitution (77th amendment) act, 1995 the claims of the scheduled castes and the scheduled tribes for promotion shall be taken into consideration in making appointment of giving promotion. i is the constitutional duty coupled .....

Kulbir Krishan, Ips Inspector Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(1)SLJ294CAT

..... career. with a view to appreciate the contention of the learned counsel, it will be necessary to give facts culminating into filing this application under section 19 of the administrative tribunals act, 1985.2. the applicant is 1976 batch ips officer of assam-meghalaya cadre. he was posted in intelligence bureau and served there for 18 ..... to time. from the averments made in the written statement it appears that the applicant is performing his duties well. there is no mention of any specific act of indiscipline indulged by the applicant that might have resulted into his repatriation. the reason, as mentioned above, is only infighting between two officers, not connected ..... in force" clearly refer to infighting of the applicant with his counter part mr. yashwant malhotra. once again the words "it needs no emphasis that the acts of indiscipline in a central para military force cannot be allowed to go unnoticed" would take its colour from the only allegation made against the applicant, pertaining .....