Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... suitability of the respondent and considering the charge against the respondent and disposal of the cases as compromised with admonition and benefit under section 3 of the probation of offenders act concluded the respondent to be habitual of picking up quarrels and resorting to violence and his such attitude rendering him unsuitable. it ..... that anti-social maladies are mostly the result of social imbalances. it must be remembered that on the one hand, social stresses, for various reasons, explosively mount in the real worlds hard environs and the harsh remedy of heartless incarceration and ouster from society deepens the criminality. the swing of the pendulum ..... of the respondent and considering the charge against the respondent and disposal of the cases as compromised with admonition and benefit under section 3 of the probation of offenders act concluded the respondent to be habitual of picking up quarrels and resorting to violence and his such attitude rendering him unsuitable. it .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... be jeopardized, if person with a criminal background is inducted in public service. in het ram meenas case (supra) also, the offence committed was under section 336 ipc (doing any act which endangers human life or the personal safety of others) which is again a bailable one. the high court held that the petitioner did not suppress ..... to understand, that anti-social maladies are mostly the result of social imbalances. it must be remembered that on the one hand, social stresses, for various reasons, explosively mount in the real worlds hard environs and the harsh remedy of heartless incarceration and ouster from society deepens the criminality. the swing of the pendulum to the ..... petition also. 3. w.p.(c) no.7811/2011 impugns the order dated 27.07.2011 of the tribunal allowing the oa no.3384/2010 under section 19 of the act preferred by the respondent therein and directing the petitioner delhi police to appoint respondent therein to the post of constable (executive) in delhi police along with .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... suit failed. the respondent in ca no.7374/2003 before honble supreme court who had purchased the plot from n filed an application under section 83 of the jaipur development authority act, 1982 questioning notice issued by the appellate authority for auction of two plots. considering the transaction between the persons who purchased the land also ..... rule 12. as is defined in rule 2 (k), government means the government of india and in terms of the definition mentioned in section 3 (8)(b) of general clauses act. central government shall in relation to anything done or to be done after the commencement of the constitution means president. further as is provided ..... by the learned counsel appearing for applicant, the issue raised related to a notification dated 13.05.60 issued under section 4 of the rajasthan land acquisition act, 1953. in the said case a declaration under section 6 was issued on 3.5.1961. initially 65 khatedars filed claims for compensation and subsequently this figure swelled to .....
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..... absentee papers, i.e., dd no. 18-b dated 20.08.2009 to dd no. 29-b dated 28.07.2010 of e. block received vide no.8757/hap/sec.(p-i) dated 15.09.2010 on file. the disciplinary authority has also submitted that before arriving at the conclusion, the inquiry officer assessed that the delinquent has taken the ..... absented himself on 16 different occasions which has been decided as lkd, commuted leave etc. but there seems no change in his habit. the above act on the part of ct. madho singh no.4554/sec amounts to grave misconduct, negligence, carelessness, highly irresponsible and dereliction in the discharge of his official duty, which renders him liable to be dealt with ..... facts and circumstances of the case. 2. the brief facts of the case are that a departmental inquiry was ordered against the applicants husband vide order no. 6350-63/hap/sec.(p-i/bn.) dated 07.07.2010. the allegations made against him were as under:- 1. while posted in e block (security) he was absented himself from his duties .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... objection which has been raised against the maintainability of the applications is that the applicants are not persons aggrieved in terms of section 19 of the administrative tribunals act, 1985. this section, inter alia, provides that a person aggrieved by any order pertaining to any matter within the jurisdiction of the tribunal may ..... not liable to be dismissed at the very threshold on the technical preliminary objection of they being not aggrieved persons in terms of section 19 of the administrative tribunals act, 1985. we, therefore, do not find any substance in the preliminary objection raised by the respondents that these applications are not maintainable ..... the applicants could not be viewed as persons aggrieved and, therefore, are not entitled to file the present application in terms of section 19 of the administrative tribunals act, 1985 whereunder only a person aggrieved can file an application to the tribunal for redressal of his grievances. in support of his contention .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... date of the applicants retirement he had declared that the oa may be treated extraordinary for the purpose of section 20 of the administrative tribunals act, 1985 and had prayed for the following reliefs: 1. that the impugned orders annexure a-1 dated 2.8.2011 may kindly be quashed and ..... of this bench of the tribunal, and in the jurisdiction of the allahabad bench of this tribunal, but he filed a petition before the honble chairman under section 25 of the administrative tribunals act, 1985, read with rule 6 of the central administrative tribunal (procedure) rules, 1987, and his pt (petition for transfer) was allowed by the honble ..... from the postal assistants, cadre to the norm based lower selection grade (lsg, for short) cadre, and was working as assistant manager (outdoor), and by this arbitrary act of the respondents, the employees working on inferior posts than him shall be drawing higher pay. the oa having been filed just in the last month prior to the .....
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..... dated 16.04.2004 was filed against him by the cbi u/s 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc alleging that the applicant, while posted as acit (inv.), circle 6(1), mumbai, had official dealings with one ..... only on the allegations, which constitute misconduct. a case had been instituted by the cbi under section 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc against the applicant and the said viren ahuja. the matter had been thoroughly inquired ..... 4) vide assessment order dated 30.03.99. subsequently, sh. babu goerge, deputy commissioner of income tax, circle 6(4) passed order under section 27(i) (c) on 27.9.99 imposing penalty of rs.18,40,000/- on m/s. gibraltor finance investment and leasing company ..... birendra kumar sinha, member (a) the instant original application filed by the applicant under section 19 of the administrative tribunal act, 1985 is directed against the memorandum no. c-14011/44/2012 vandl dated 19.09. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... by itat, it fairly admitted that the established legal position was that a block assessment should be considered valid only if there was a valid search under section 132 of it act. however, the itat held that the applicant erred in permitting the assessee to urge such a new ground. 6. another contention highlighted by shri khurana relates ..... is liable to a penalty, such confiscation or penalty may be adjudged without limit, by a commissioner of central excise'. in exercise of powers conferred by section 33 of the act the appellant held adjudication proceedings against the assessee and two others. a show-cause notice was issued to the assessee on four grounds asking him to ..... can be termed as lack of devotion to duty. with regard to the second article of charge, learned counsel would submit that the applicant relying on section 145(3) of it act, held that the assessing officer had no power to reject books of account on the basis that correct profit could not be deduced from the books of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... of the applicant-union would get any personal service benefit, even if the ta is entertained and allowed. in view of the definition of the `service matter under section 3(q) of the act, referred to above, and also in view of the disentitlement of the applicant-union, from maintaining the ta there being at least one affected person joined in ..... examination of the aforesaid provisions would take us to the inescapable conclusion that the ta is not maintainable and the reasons thereof are narrated hereinafter. 9. as per section 3(q) of the act, `service matters means, in relation to a person, all matters relating to the conditions of his service. rule 4(5)(b), referred to above, permits an association ..... not apply to- (a) any member of the naval, military or air forces or of any other armed forces of the union; (b) clause (b) omitted by act 19 of 1986, sec. 3 (w.r.e.f. 1.11.1985). (c) any officer or servant of the supreme court or of any high court [or courts subordinate thereto; (d) any person .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... contention of learned counsel appearing for applicant that transfer is in disregard of order no. q/ga/663/1/2003 issued by the ministry of external affairs (general administration section) giving classification of station and tenure of posting there w.e.f. jan, 2006 wherein the normal tenure of posting at shanghai is mentioned as three years. ..... countenance that benefit had from infraction of law and must be allowed to be retained. can one illegality be compounded by permitting similar illegal or illegitimate or ultra vires acts? answer is obviously no. 17. the concept of equality as envisaged under article 14 of the constitution is a positive concept which cannot be enforced in a negative ..... conditions of service. unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an act or rule) or passed by an authority not competent to do so, an order of transfer cannot lightly be interfered with as a matter of course or routine .....
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