Court : Central Administrative Tribunal CAT Delhi
..... should be initiated, which has not been done in the instant case, therefore, it vitiates the whole enquiry. counsel for the applicants strenuously argued that in these circumstances section 223 of ipc would be attracted, therefore, it was necessary for the jt. commissioner of police to record reasons as to why departmental enquiry should be initiated. 7 ..... (ii) the second part of this rule states if the searching departmental enquiry establishes breach of discipline or misconduct not amounting to an offence under any of the sections of ipc mentioned above, the case shall ordinarily be dealt with departmentally. (iii) the third part of the rule is the criminal prosecution of an upper subordinate ..... after carefully examining the case the jt/cp/ap delhi accorded his approval dated 17.9.2008 to initiate a regular de against the remaining police officials. the above act on the part of hc gopal singh no.7571/dap (now 12145/dap, pis no.28880447), ct. suresh chand no.7603/dap (pis no.28891261), ct. .....
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..... 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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..... amounting to rs.19.47 lakhs approximately. though the concerned bills related to store contract section, these were processed in m section without obtaining orders of the appropriate authority and without following prescribed procedure. the above act of shri surendra singh, sa resulted in fraudulent payment to the tune of rs.19.47 ..... lakhs approx. to the alleged suppliers and caused pecuniary loss to the govt. the above act indicates complicity with ..... in a manner unbecoming of a government servant. since respondent followed the established procedure which was being followed over the years where bills from other sections were also being processed and payments made thereof, the enquiry officer though found the charge proved, did not hold that respondent had gravely misconducted himself .....
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..... where the recommendations would be implemented prospectively. challenging the above oms and memoranda dated 01.08.2011 and 07.09.2011, the applicant is before the tribunal under section 19 of the administrative tribunals act, 1985 with the following prayers:- (a) to make applicable om dated 13.04.2010 (annexure a-3) of dopandt to the review dpc to be held for .....
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..... action being prejudicial to the sovereignty and integrity of the country, a criminal case was started against him by the cbi under section 120-b of the ipc read with relevant sections of the official secrets act. the mha thereafter decided to initiate disciplinary proceedings against him and issued the charge sheet on 08.02.2006 alleging that he had ..... to release all consequential benefits consequent upon the quashing of charge memo dated 8th feb. 2006. to allow the o.a. with costs. 2. the applicant is a section officer with government of india, his cadre controlling authority is the ministry of home affairs (mha). he worked in the mha during 26.02.1999 to 30.03.2000, ..... at fault. on the other hand, the agency had filed an application before the criminal court to grant pardon to the applicant as he had expressed willingness to act as an approver and come out with full and true disclosure of all the facts and circumstances related to the offence. neither the cbi nor the cvc has .....
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..... appear to be pari materia. there is, however, substantial difference between the two. there is no sub-section (2) in the act of 1958, like sub-section (2) of section 19 of act of 2000. sub-section (2) of section 19 of the act of 2000 provides that record of conviction of a delinquent has to be removed after expiry of period ..... a criminal case. as mentioned above, there was no discussion in this case with regard to the effect of provisions as contained in section 12 of the act of 1958 or section 19 of the act of 2000. in harichand vs. director of school education (supra), it was indeed a case where, harichand was removed from service on ..... in conflict with law, and another for juvenile in need of care and protection. in the background of objects and reasons of act of 2000, relevant provisions of the act need to be examined. section 19 of act of 2000, pertaining to removal of disqualification attaching to conviction, reads as follows: (1) notwithstanding anything contained in any other law .....
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..... other evidence produced and is not the only determining factor. (emphasis supplied) 8. thus, as can be seen from the portion as quoted above, it is evident that section 45 of the evidence act makes the opinion of the expert admissible though not conclusive and such evidence has to be corroborated by other piece of evidence. if the matter is viewed in ..... be relevant to refer the judgment of the apex court in the case of state of himachal pradesh v. jai lal, (1999) 7 scc 280 here: 17. section 45 of the evidence act which makes opinion of experts admissible lays down that when the court has to form an opinion upon a point of foreign law, or of science, or art ..... examine the contention of the appellant relating to expert evidence, it is a settled legal position that the opinion of the expert is relevant as provided by section 45 of the indian evidence act, 1872 but the report submitted by an expert does not go in evidence automatically. he is to be examined as a witness in the court and has .....
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..... blindness. therefore, he could not be treated as a person suffering from any degree of disability (40% or more) so as to be entitled for the benefits of section-47 of the act, 1995. the impugned order mentions that as per provisions of instructions contained in the office order no.99 circulated vide letter no.1150 dated 4-7/10/1963, ..... per the scheme formulated by honble supreme court of india. he places reliance on the following judgments to contend that the applicant was entitled to protection under section 47 of the disability act:- (a) kunal singh vs. uoi and anr., air 2003 sc 1623. (b) uoi vs. devendra kumar pant and ors., (209)14 scc 546. 6. respondents, on the ..... against and made to retire at the age of 55 years. even if he had developed some kind of disability, he should have been given protection under section-47 of the disability act, 1996 by way of alternative engagement. he places reliance on the order dated 30.03.2010 of this tribunal in oa-1044/2010 in the case of .....
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..... do appear to be pari materia. there is, however, substantial difference between the two. there is no sub-section (2) in the act of 1958, like sub-section (2) of section 19 of act of 2000. sub-section (2) of section 19 of the act of 2000 provides that record of conviction of a delinquent has to be removed after expiry of period of ..... of a criminal case. as mentioned above, there was no discussion in this case with regard to the effect of provisions as contained in section 12 of the act of 1958 or section 19 of the act of 2000. in harichand vs. director of school education (supra), it was indeed a case where, harichand was removed from service on account ..... this object and further when there is a conscious distinction made between a juvenile and adult in conflict with law, the provisions of section 12 of the act of1958 even though para material to sub section 1of section 19 of act, of 2000, and the judicial precedents that have been cited by mr.luthra, would not be of much relevance. once, .....
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..... case on the same very facts against the applicant. the cbi sent a final report (pages 80-82) in which it was held that no punishable offence under section-120(b) read with 420 ipc could be established against sh. alimmuddin siddhiqui, proprietor of m/s creation crafts, moradabad. it also states that no evidence ..... misconduct. this o.a., according to the learned counsel for the respondents, is not maintainable being violative of the provisions of sections 19 and 20 of the administrative tribunals act, 1985. (f) it is further contended that the list of documents included a photocopy of page-7 of the file concerned of dgft, moradabad and ..... criminal conspiracy, abuse of official position etc. against the applicant. however, at the same time, it recommended that the applicant could be proceeded against departmentally for his acts of omission and commission. it is contended by the learned counsel that the criminal case could not be sustained against the applicant; therefore, on that ground the .....
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