Court : Central Administrative Tribunal CAT Delhi
..... section 3 (1) of the above act, the indian administrative service (cadre) rules, 1954, were notified. rules 3 (1) and (2) and 5 (1) being relevant, are reproduced below:- "3. constitution of cadres - (1 ..... states, and, subject to the other provisions of this chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service." 11. the all india service act, 1951 mandates the central government to make rules for the regulation of recruitment and conditions of service of persons appointed to an all india service. in accordance with the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... case. the sole consideration was on the basis of depositions of the prosecution witnesses, who had been declared hostile. one of the cases involves the serious charge under section 304-a. the respondents have found the applicant as unsuitable for the post of constable (driver) in delhi police keeping in view the various relevant aspects like ..... rulings referred on behalf of the applicant. the endeavour on the part of the applicants learned counsel to derive sustenance from the provisions under the motor vehicle act regarding cancellation of a driving licence only in cases of conviction is also not found to be tenable. 14. to conclude, having considered the facts of the ..... for the applicant, would seek to emphasize that the allegations in all the three firs had not been proved. an additional argument of even the motor vehicle act not prescribing suspension or cancellation of the driving licence of a person unless it was a case of conviction by the criminal court would also be adduced by .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... charge sheet dated 27.10.2010 (annexure-a11) was inflicted on the applicant. assailing the letter dated 11.11.2010, the applicant has filed the instant oa under section 19 of the administrative tribunals act, 1985 seeking the following relief(s) :- (i) quash and set aside the communication dated 11.11.2010 (annexure a-1). (ii) hold that the ..... facing criminal proceeding rc no.33(a)/97-cbi/acb-dli for the alleged offences u/s 120-b ipc read with section 468/420/511 of ipc and section 13(2) of the prevention of corruption act, 1988 and prosecution was sanctioned on 25.09.2000. challan had been filed before the trial court and the charges were ..... . congnizance comes even at a stage later than prosecution when after the challan/chargesheet is filed and the court takes cognizance thereof and issues notice to the accused. section 173 of the code of criminal procedure deals with the report of the police office on completion of investigation which has to be forwarded to a magistrate empowered to .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... (dpc) for his promotion to the post of sr. manager (eandm) in sealed cover. assailing the said action of the itdc, he has approached this tribunal under section 19 of the administrative tribunals act, 1985 with the following prayers:- (a) declare that the convening of the dpc on 29.11.2010 and the decision of the dpc to keep the fate of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... be eligible, has in an arbitrary and illegal manner recommended him for promotion, which would be unlawful and contrary to the provisions of section 96 of the dmc act and relevant regulations. it is on the facts as fully detailed above that a prayer has been made to set aside the order dated ..... director (horticulture) and deputy director (horticulture) by way of promotion, it would be appropriate to refer to the recruitment rules. in the hierarchy of posts, section officer (horticulture) comes at the bottom. recruitment on the post aforesaid is 25% by promotion and 75% by direct recruitment. essential qualification for both promotion and ..... wrongly promoting ineligible persons, including the 3rd respondent, on the posts of assistant/deputy director (horticulture) during the last two years, and, therefore, some section officers with look after charge filed an original application bearing oa no.2079/09 in this tribunal challenging the action of the respondents in promoting ineligible persons .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... ors., aisl 2011(3)(cat) in which a view was taken that unless contract labour in the field of activity is abolished through a notification under section-10 of the contract labour (abolition and regulation) act, no orders for regularization could be passed. suffice it to say that this case is not applicable to the facts of the present application where the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
oral: 1. in this application filed by the applicant working as ward boy with the respondents corporation under section 19 of the administrative tribunals act, 1985, the following reliefs have been sought :- (a) to direct the respondents to set aside the impugned order dated 11.06.2010; (b) to direct the respondents to review the ..... the relevant guidelines dated 18.6.2009 and due to limited availability of sufficient vacancy under 5% quota meant for compassionate appointment. the applicant has moved under right to information act to obtain certain information based on which it has been submitted that there have been vacancies against which the applicant could have been considered for regularization but the respondents failed .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... the admission of offence by the accused on his own accord, the accused declared guilty for the commission of offence u/s 279, 337, 338 ipc and section 134/187 m.v. act. however, considering that the offence had been committed for the first time and the applicant had admitted it on his own accord, a lenient view had been ..... been prayed for. 2. the character and antecedents verification report received in respect of the applicant had revealed a criminal case fir no.114/2007 under sections 279/337/338 ipc and under section 134/187 mv act p.s. kanota, rajasthan registered on 27.2.2007. the applicant was charge sheeted in the court of judicial magistrate 1st class, where he had ..... the trial courts order, the applicant was ordered to pay a fine of rs.1000/-, 500/-, 1000/- and rs.500/- for offences under sections 279, 337, 338 ipc and 134/187 motor vehicle act respectively. in case of default in payment of fine he was to undergo 1 month, 15 days, 1 month and 10 days imprisonment respectively for .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... .2009 was illegally put with malafide intention. he has also challenged the charge sheet issued to him on 10.3.2010. he has, therefore, approached this tribunal under section 19 of the administrative tribunals act, 1985 with following relief(s):- (a) strike down the appointment of respondent no.2 herein shri p.k. aggarwal as deputy general manager (fanda) dated 21.12 ..... all cases was bona fide, such a bona fide action would not validate an illegal action. law mandates that when a particular procedure is prescribed, executive authority is bound to act as per the said procedure or not at all. if nhai is facing difficulty in getting the candidates as per the qualifications prescribed in the rule, appropriate specific provision empowering .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... was not available as on 01.01.1996. he further submits that the employees of cwc in the grade of office superintendent are eligible for promotion to the rank of section officer, under secretary, etc. as is available to members of central secretariat ministerial cadre. 4.3 learned counsel for the applicants further submits that since there was no difference as ..... high court, the matter was examined afresh in depth in consultation with the ministry of finance (mof). there is no dispute that nwda is a society registered under society registration act, whereas cwc is an attached office of the central government. therefore, the status of employees working in nwda and cwc is quite different. 6. we find that there is no .....
Tag this Judgment!