Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... any representation to the respondents for redressal of his grievance, and since he has not exhausted the remedies by making a representation to the respondents, under section 20 of the at act, the oa should be dismissed in limine for not exhausting the alternative remedies before approaching the tribunal. in this context, the respondents had cited the judgment ..... that the (1) applicants have not exhausted the alternative remedies available to them and rushed to this tribunal and therefore, the oas are not maintainable under section 20 of the at act, 1985, and (2) that there is no violation of the terms of their contract, as already provided in the letter of offer of engagement on ..... rather impossible, to reject these oas on the ground taken by the respondents that these oas are not maintainable, and liable to be rejected as per section 19 of the at act, 1985. 32. the second ground taken by the respondents is that there has been no violation of the contract terms, as all of the applicants .....
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
..... in exercise of powers. 28. the submission of respondents, that they were required to be heard before grant of ex parte interim relief, is contrary to section 24 of a.t. act. it is stated only to be rejected. 29. in conclusion the transfer order of the applicant cannot be sustained as being contrary to law, being ..... have not been addressed on the question as to whether these guidelines are in accordance with the above decision in prakash singh (supra) and rules framed under the ais act. we have not examined these questions. we only note that tenure of not less than two years is laid down in prakash singh (supra). 22. the respondents ..... have a minimum tenure of at least two years irrespective of his date of superannuation. the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in .....
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 .....
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
..... 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
..... 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
..... 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
..... that he had sufficient cause for not making the application within such period." 9. it will be relevant to note in this regard the provisions of section 20 of the administrative tribunals act, 1985, which reads as follows:- 20. application not to be admitted unless other remedies exhausted - (1) a tribunal shall not ordinarily admit an ..... vs. union of india and others. accordingly, both the appeal as well as the representation made by the applicant were dismissed by the respondents. 8. section 21 of the administrative tribunals act, 1985 deals with the limitation which provides as follows:- "21. limitation.-(1) a tribunal shall not admit an application,- (a) in a case where ..... aforesaid provisions makes it clear that the tribunal cannot admit an application under the act unless the same is made within the time in clauses (a) and (b) of section 21 (1) or section 21 (2) or an order is passed in terms of sub section (2) for entertaining the application after the prescribed period as has been .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... for the post of stage assistant. but for this mess applications scrutinizing officer/committee which issued call letter for interview, the selection committee and the section officer issuing appointment letter are responsible and not the co himself. there is a mention in the statement of imputation of misconduct about the impropriety ..... original certificates regarding qualifications was excluded. consequently, she joined the post on 20.4.1999 without the requisite qualifications. in march, 2006, an application under rti act, 2005 was received from one shri madan lal of delhi in the min. of iandb. this application exposed the irregularity in the appointment of smt. ..... certificates regarding qualifications was excluded. consequently, she joined the post on 20.4.1999 without the requisite qualifications. in march, 2006, an application under rti act, 2005 was received from one shri madan lal of delhi in the min. of iandb. this application exposed the irregularity in the appointment of smt. .....
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