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Ex. Constable Rajender Kumar S/O Vs. Govt. of N.C.T.D. Through

Court : Central Administrative Tribunal CAT Delhi

1. ex. constable rajender kumar, the applicant herein, has filed the present original application under section 19 of the administrative tribunals act, 1985, challenging an order dated 13.1.2004 (annexure a/3). he has also challenged the orders dated 17.11.2004 and 21.7. ..... that departmental enquiry was held against the applicant under the provisions of delhi police (punishment & appeal) rules, 1980, on the allegation that while posted in sit section/special team of crime & railways, he absented himself from the duty on the following occasions willfully and unauthorisedly without any information: 6. insofar the defence projected by ..... the appeal filed by the applicant against an order of the disciplinary authority (annexure a/1) mentioned that allegation against the applicant was that while posted in sit section/special team of crime & railways, he absented himself from duty willfully, unauthorisedly and without any information to the department on the occasions, as already mentioned above .....

J.T. Sulaxan Rao and anr. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(1)SLJ1CAT

..... seniority in the merged cater and a loss of right for consideration of promotion is a reckoning cause of action and the application filed is within limitation under section 21 of administrative tribunals act, 1985. accordingly, the objection stands overruled.78. as far as the objection taken by the respondents as to agreement by the applicants, i.e., government advocates as to ..... their erstwhile service been counted in ils, gives them a valid cause of action and as the application has been filed within the stipulated time, as prescribed under section 21 of administrative tribunals act, 1985, the objection of limitation stands overruled.74. it is also assailed that whereas only the consequence of merger has been challenged and there is no challenge as .....

Surinder Kumar Kakkar and Babu Vs. Union of India (Uoi), Through

Court : Central Administrative Tribunal CAT Delhi

..... borrowed. the term other than the ministry of railways signifies that said provisions would be inapplicable when officials of ministry of railways are borrowed/transferred either by a division or section/station. aforesaid term "other than ministry of railways" is very crucial and indicates the intention behind said rule. when a person from open line is transferred/posted to construction organization ..... applicant's serious illness and tragic deaths of his relatives due to terrorism prevalent in his area.6. learned counsel further pointed out that in oa 1621/2006 respondents had acted arbitrarily inasmuch as in an identical circumstance, delinquent, namely shri naurang lal (annexure a-8) was imposed penalty to reduction at the lowest stage in the same time scale of .....

Shri M.R. Satyarthy Son of Shri Vs. Union of India (Uoi), Through

Court : Central Administrative Tribunal CAT Delhi

..... to govt. of india and ors. v. shivram mahadu gaikwad 1995 suppl. (3) scc 231, it was held that it absence of any application under sub-section (3) of section 21 praying for condonation of delay, the tribunal had no jurisdiction to admit and dispose of oa on merits.27. the aforesaid conclusion is also fortified by the observations ..... was dated 16.4.2006. as such it is clear that all these representations were made just few days prior to filing present oas, which is certainly an afterthought act. we would also like to observe that representation highlighting grievance (s) cannot be made at any point of time depending on mere wish of the concerned delinquent. such ..... for long, he thereby gives rise to a reasonable belief in the mind of others that he is not interested in claiming that relief.others are then justified in acting on that belief. article 14 or the principles of non-discrimination is an equitable principle and, therefore, any relief claimed on that basis must itself be founded on .....

Kulbir Krishan, Ips Inspector Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(1)SLJ294CAT

..... career. with a view to appreciate the contention of the learned counsel, it will be necessary to give facts culminating into filing this application under section 19 of the administrative tribunals act, 1985.2. the applicant is 1976 batch ips officer of assam-meghalaya cadre. he was posted in intelligence bureau and served there for 18 ..... to time. from the averments made in the written statement it appears that the applicant is performing his duties well. there is no mention of any specific act of indiscipline indulged by the applicant that might have resulted into his repatriation. the reason, as mentioned above, is only infighting between two officers, not connected ..... in force" clearly refer to infighting of the applicant with his counter part mr. yashwant malhotra. once again the words "it needs no emphasis that the acts of indiscipline in a central para military force cannot be allowed to go unnoticed" would take its colour from the only allegation made against the applicant, pertaining .....

Shri Vijaya Kumar S/O Late Shri Vs. Union of India (Uoi) (Through

Court : Central Administrative Tribunal CAT Delhi

..... is allowed.2. four applicants, initially appointed as senior computer in pay scale of rs.1200-2040/- in the years 1987-1988 in this oa filed under section 19 of a.t. act challenge communication dated 13.09.2005 rejecting their representation for placement in edp grade-a, pay scale rs.1600-2660/- w.e.f. 1.1.1986 or ..... in secretary to govt. of india and ors. v. shivram mahadu gaikwad 1995 suppl (3) scc 231, it was held that it absence of any application under sub section (3) of section 21 praying for condonation of delay, the tribunal had no jurisdiction to admit and dispose of oa on merits. 27. the aforesaid conclusion is also fortified by the observations ..... for long, he thereby gives rise to a reasonable belief in the mind of others that he is not interested in claiming that relief. others are then justified in acting on that belief. article 14 or the principles of non-discrimination is an equitable principle and, therefore, any relief claimed on that basis must itself be founded on equity .....

Shri K.P. Singh, S/O Late Shri Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... from various sources to arrived at an informed decision, given the sensitive nature of the post. in this context, he invited attention to section 8(1)(g) of the central vigilance commission (cvc, for short) act 2003, which provided that cvc shall, inter alia, tender advice to the central government on such matters as may be referred to it ..... care 'the constitution enshrines and guarantees the rule of law and article 226 is designed to ensure that each and every authority in the state, including the government, acts bona fide and within the limits of its power and we consider that when a court is satisfied that there is an abuse of misuse of power and its ..... which the power was vested or whether the proceeding have been initiated malafide proceedings for satisfying a private or personal grudge of the authority against the officer if the act is in excess of the power grant or is an abuse or misuse of power the matter is capable of interference and rectification by the court. in such .....

Dr. (Mrs.) Vidyut Shikha Vs. Union Public Service Commission

Court : Central Administrative Tribunal CAT Delhi

..... constitution. appointment to service in a state must be in consonance with the constitutional provisions and in conformity with the autonomy and freedom of executive action. section 133 of the constitution imposes duty upon the state to conduct examination for appointment to the services of the state. the public service commission is also ..... and for obc candidates by five, five and three years respectively.7. the applicant has contended that in response to her application under right to information act, 2005 (rti act, for short), respondent no. 1 informed that as per the short-listing criteria finalized by it for calling candidates of gfc for interview for the post ..... disclose any discernible principle, which is reasonable, itself shall be labelled as arbitrary. every state action must be informed by reason and it follows that an act uninformed by reason is per se arbitrary. in this context, he contended that the decision of respondent no. 1 to increase the eligibility condition of experience .....

Hem Raj S/O Sh. Murari Lal Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... which is punishable as per law.the applicant had thus misused his position while working with the cbi.on the basis of this investigation, an fir was registered under sections 34/467/468 and 471 ipc. a case was registered and, in furtherance of the above fir, the investigation was conducted. during the said investigation, it was revealed ..... that the applicant was involved in the said criminal act of preparing forged cbi identity cards. the final report/challan/charge sheet under section 173 cr.p.c. dated 26.04.2006 was filed in the court of learned a.c.m.m., patiala house court, ..... the services of the applicant, there is no requirement of holding a formal inquiry, as the status of the applicant is temporary. moreover, in view of the criminal act of the applicant, as explained above, it will be against the interest of the cbi, which is a prime investigating agency of the country, to retain the services .....

S.K. Sood, Ias Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(2)SLJ94CAT

..... rs. 26,000 (fixed). in a manner the respondent (sc commission) have espoused the case of the applicant with a further submission that as per the right to information act, 2005 under section 4( 1 )(b)(v) every public authority, including the respondent no. 1 should have displayed on their website information meant for the public, including the officers at the level ..... , legitimate expectation has been well defined with the following observations: 136. unlike an ordinary estoppel, promissory estoppel gives rise to a cause of action. it indisputably creates aright. it also acts on equity. however, its application against constitutional or statutory provisions is impermissible in law. this aspect of the matter has been considered in state of bihar and ors. v. project .....