Court : Central Administrative Tribunal CAT Delhi
..... description of the background facts is considered necessary for appreciation of the legal issues involved constable rajesh kumar along with pawan kumar were selected for training of dogs in explosive sniffing to be started w.e.f. 1,7.89 at b.s.f. academy. takenpur gwalior (m.p). they were medically examined by the civil surgeon ..... your part renders you both constables pawan kumar no. 329 crime and rajesh kumar no. 170/crime liable for action/punishment under section 21 of dp act 1978." 4. proceedings against both the charged officials, with the change over of enquiry officers twice were concluded with the findings as extracted below:- "from ..... . through delhi administration and ors., 1998 (2) slj (cat) 464. mr. pandita submitted that the court/tribunal in its power of judicial review are not to act as appellate authority to re-appreciate the evidence and to arrive at its own independent finding. the court/tribunal may interfere where the proceedings held against the delinquent officer are .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... . it is provided below it, "group 'a' departmental promotion committee (for considering confirmation)." it means, for filling up the vacancy of chief controller of explosives, the departmental promotion committee has no role to play, but for confirmation, it has to meet and decide.7.1 in paragraph 2 of the common order ..... degree in chemical engineering/ technology from a recognised university/ institution or equivalent.15 years' experience in a supervisory capacity in storage handling or manufacture of explosives or refining of petroleum of in compressed gases.method of recruitment whether by direct recruitment or by promotion or by deputation transfer and percentage of the ..... the words 'he makes any unwarranted demand with menaces' as they occur in section 21 of the theft act, 1968. the question in the case was whether the act of posting a letter containing a demand with menaces fell within the section irrespective of whether the letter was or was not delivered to the addressee. lord .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... many of whom are under trials with previous convictions, convicts involved in murder rape and other heinous offences convicts involved in offences under the arms act and explosive act as also the ndps act and further tada and pota under trials, dangerous prisoners like those involved in the attack on parliament on 13th december 2001 and other death sentence ..... though the ccs (cca) rules, 1965 have not taken enough provisions and stringent measures to call for the presence yet under the commission of inquiries act, 1952, section 4 provides as a power of commission to summon and enforce the attendance of any person from any part of india to depose on oath, failing ..... authority has given detailed and cogent reasons for arriving at a decision in this regard. the order is based on violation of the provisions of section 9 of the delhi prisons act, 2000 that provides that the officers (of the jail) shall not have business dealings with the prisoners. the disciplinary authority has clarified that .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... 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 ..... as voluntarily causing hurt is not known to us. what was the nature of insult heaped upon the complainant which attracted the offence punishable under section 504 ipc and what was the act which attracted the crime of criminal intimidation is also not known. but from a trinity of the three i.e. the alleged offence punishable under ..... mostly by the young and/or the inexperienced. some may even undergo a petty sentence of imprisonment of a week or ten days. we may also notice that section 302 cr.p.c. prescribes for taking note of compoundable offences at the instance of the complainant itself and there are cases where compounding can take place with .....
Tag this Judgment!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 Delhi
..... applicant before disturbing his seniority nor responded to his representation of 1986 and 1992. it is urged that period of one year/one and half years under section 20 (2) of the administrative tribunals act, 1985 applies to cases where the rules prescribe a representation. when mere is no such prescribed rule, there is no period of limitation at all.10. a .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... and is thus in possession of assets disproportionate to his known source of income and these facts disclose the commission of offence under section 13(2) read with section 13(1)(e) of prevention of corruption act, 1947 on the part of the applicant. accordingly, the applicant was arrested and placed under deemed suspension with effect from 29th of ..... suspension with effect from 29.8.1996. the deemed suspension followed the arrest of the applicant in a criminal case registered against him under section 13(1)(e) of prevention of corruption act, 1996 as per the fir no. 71(a)/96/dli dated 28.8.1996.2. applicant contests the impugned order on the ground ..... servant is in possession of assets disproportionate to his known sources of income and it appears, prima facie, that a charge under section 5(i)(c) of the relevant provisions of the prevention of corruption act, 1947 could be laid against him, immediately after the prima facie conclusion has been reached. there may be adequate justification for .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... the representations made by them. hence the o.a. was not maintainable because of non-exhaustion of alternative remedies available to them under the rules as required under section 20 of the at act, 1985.mr. m.r; bhardwaj, learned counsel for the applicants strongly opposed the above contention and brought to our notice that r-2 had informed some of the ..... 1. the main legal question for determination in this o.a. filed under section 19 of the administrative tribunals act, 1985 is whether reserved category scheduled caste and scheduled tribe (sc/st for short) candidates appointed/promoted to posts, under the union of india, on the basis of their merit .....
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