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Devender Kumar Vs. the General Manager, Nw Railway, Jaipur and Others

Court : Central Administrative Tribunal CAT Delhi

..... period applicable to the appropriate case and the tribunal should be required to satisfy itself whether the explanation offered was proper explanation as prescribed under section 21 of the administrative tribunals act, 1985. in view of above, it is duty of the court to see whether the delay has been properly explained by the person ..... one representation dated 5.11.1989 but thereafter he did not seem to have taken action to seek redressal of his grievance. according to section 19 of the administrative tribunals act, 1985, the period of limitation is one year from the date of cause of action or within 18 months in case representation is given ..... the case, we consider it necessary to note that for quite some time, the administrative tribunals established under the act have been entertaining and deciding the applications filed under section 19 of the act in complete disregard of the mandate of section 21, which reads as under:- 21. limitation - (1) a tribunal shall not admit an application, - .....

Jitender Singh Vs. the Commissioner of Police, New Delhi and Another

Court : Central Administrative Tribunal CAT Delhi

..... order, he was posted at ps inderpuri. the impugned order was passed in view of his arrest and involvement in a criminal case fir no.6/2003, under sections 406, 420, 468, 471, 120-b ipc ps special cell (sb), lodhi colony, new delhi. the said case was registered on the complaint of one shri ..... kept to the barest minimum. 10. we may now have a look to the provisions contained in the delhi police act, 1978 and delhi police (punishment and appeal) rules, 1980 in this regard. section 14 of the act deals with effect of suspension and reads as follows: 14. effect of suspension of police officer:-the powers, functions ..... by exhibiting authorities determination to firmly deal with cases of corruption and grave misconduct. different considerations apply in cases of misconduct in the course of official duties and act or omission in personal life leading to criminal proceedings or otherwise. likely prejudice to office discipline, ongoing enquiry/investigation, public interest and security of the state .....

Dr. Md. Asrarul Haque (Scientist F (Retd) and Others Vs. Union of Indi ...

Court : Central Administrative Tribunal CAT Delhi

dr. ramesh chandra panda, member (a) 1. six applicants have jointly filed this original application under section 19 of the administrative tribunals act, 1985 and prayed for the following relief(s) :- (a) allow the present oa and direct the respondents to consider for granting the antedate in situ promotions under fcs to the .....

Anil Kumar Vs. Commissioner of Police and Another

Court : Central Administrative Tribunal CAT Delhi

..... ipc pertaining to ps kosli, district rewari, haryana. it is this order which is under challenge in the present original application filed by him under section 19 of the administrative tribunals act, 1985. 2. it is not in dispute that the applicant had revealed his involvement in the relevant columns of the application and attestation forms. ..... order. insofar as, offence u/s 354 ipc is concerned, it may be mentioned that the matter was compounded between the parties. the offence under the said section would be punishable with imprisonment for a maximum period of two years. further, from the prosecution version, as mentioned in the judgment, even if the same is ..... criminal court, vide which he was acquitted of the charges framed against him. perusal of the judgment would reveal that insofar as section 354 ipc is concerned, the same was compounded, but as regards sections 452/506 ipc, the applicant was put to trial. on the statements of two main prosecution witnesses examined, i.e., complainant .....

Hemant Kumar Sharma Vs. Union of India Through Secretary, New Delhi an ...

Court : Central Administrative Tribunal CAT Delhi

..... facts from the tribunal. the impugned memorandum dated 23.10.2009, it is pleaded, is not a final order as per the definition of order in section 19 of the act of 1985, but only conveys that it is proposed to take action against the applicant under rule 16 of the rules of 1965 for prima facie misconduct as ..... the points raised by the applicant, as mentioned above, it would be necessary to refer to the facts culminating into filing of the present original application under section 19 of the administrative tribunals act, 1985 seeking to quash memorandum dated 23.10.2009. 2. the applicant belongs to 1979 batch of indian postal service group-a, and is presently working ..... not cancel the leave already granted nor was the applicant asked to postpone his trip abroad. finding that dopandt instructions dated 1.9.2008 would cover the situation and acting on bona fide belief, it is the case of the applicant, he made an official noting on the file to that effect, on which he was not communicated .....

Ashok Kumar Aggarwal Vs. Union of India Through Secretary, Department ...

Court : Central Administrative Tribunal CAT Delhi

..... being aggrieved by both the orders dated 12.01.2012 and 03.02.2012 and impugning the same the applicant has instituted the present original application under section 19 of the administrative tribunals act, 1985 with prayers to quash and set aside both the orders of continuance of his suspension and also to and also to direct the respondents to ..... against the applicant, it would appear to us, would be based upon documentary evidence. the investigation in both cases is complete and the final report or challan under section 173 cr.pc has already been submitted in the court. there is no doubt that an influential person involved in a crime may be able to suborn the witnesses ..... another application challenging the sanction on 12.09.2005. the arguments commenced on 17.12.2005 on framing of charges. in the meantime, the applicant moved one application under sections 397 and 398 of the cr. p.c. seeking to set aside the interlocutory order of the ld. special judge on 17.09.2007. the ld. special judge .....

Sunil Chandra Vs. Commissioner of Police and Another

Court : Central Administrative Tribunal CAT Delhi

..... , in which he was admittedly acquitted on 07.09.2010. it is this order which is under challenge in this original application filed by him under section 19 of the administrative tribunals act, 1985. 2. brief facts of the case culminating into filing of the present oa reveal that the applicant applied for the post of si (exe ..... 07.09.2010 acquitting the applicant, perusal whereof would show that the applicant was put to trial along with one praveen @ bitoo u/s 392/394/34 ipc. section 392 makes robbery punishable with ten years imprisonment. if, however, the robbery is committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen ..... the records of the case, we are of the considered view that the inputs which are required to be taken into consideration have not been gone into. section 394 of the indian penal code makes voluntarily causing hurt in committing robbery punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend .....

Kamlesh Meena Vs. Commissioner of Police, Police Headquarters, Ip Esta ...

Court : Central Administrative Tribunal CAT Delhi

..... delhi police has been cancelled vide order dated 20.12.2010. it is this order which is under challenge in the present original application filed by him under section 19 of the administrative tribunals act, 1985. 2. brief facts of the case as projected in the pleadings of the parties and accompanying documents reveal that the respondents initiated recruitment to the post .....

Dr. Y.R. Midha Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

..... are apparent from the fact that even on notice in pil and while making an affidavit and producing the relevant record no privilege under sections 23 and 24 of the indian evidence act has been claimed by the respondents, this shows the status of the documents and its importance to the government. in this view of ..... in the public interest litigation is found to be true, they can in discharge of their constitutional obligation root out exploitation and injustice and ensure to the weaker sections their rights and entitlements. when the court entertains public interest litigation, it docs not do so in a cavilling spirity or in a confrontational mood or with ..... of adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the signature tune of our constitution. the government and its officers must welcome public .....

Ravinder Singh Vs. Govt. of Nct of Delhi and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2005)(2)SLJ134CAT

..... arrested vide case fir no. 597/2000 dated 23.11.2000 under section 25 arms act ps hazarat nizamuddin. on the interrogation of accused narinder kumar, it also emerged that you ct. ravinder singh no. 847/nd has given him details of some businessmen ..... had arrested one narinder kumar s/o kiran pal resident of village kinnoni, mujaffar nagar, u.p. in case fir no. 597/2000 dated 23.11.2000 under section 25 arms act rw 468/47 ipc, ps hazrat nizamuddin. one other accused, namely, karamveer singh son of laxmi chand resident of shahajanpur up was also with him. he was also ..... or the magistrate who had earlier recorded the statement of the witness whose presence could not be procured. 28. rule 16(3) is almost akin to sections 32 and 33 of the evidence act. before the rule can be invoked, the factors enumerated therein, namely, that the presence of the witness cannot be procured without undue delay, inconvenience or .....