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 .....
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..... 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
..... of the applicant-union would get any personal service benefit, even if the ta is entertained and allowed. in view of the definition of the `service matter under section 3(q) of the act, referred to above, and also in view of the disentitlement of the applicant-union, from maintaining the ta there being at least one affected person joined in ..... examination of the aforesaid provisions would take us to the inescapable conclusion that the ta is not maintainable and the reasons thereof are narrated hereinafter. 9. as per section 3(q) of the act, `service matters means, in relation to a person, all matters relating to the conditions of his service. rule 4(5)(b), referred to above, permits an association ..... not apply to- (a) any member of the naval, military or air forces or of any other armed forces of the union; (b) clause (b) omitted by act 19 of 1986, sec. 3 (w.r.e.f. 1.11.1985). (c) any officer or servant of the supreme court or of any high court [or courts subordinate thereto; (d) any person .....
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..... passed in oa no.89/2009 decided on 14.12.2011, having its operative part as under:- 10. in the instant case, the vigilance wing/section of the department of telecommunication has been involved in all the stages of the disciplinary inquiry conducted against the applicant, and, therefore, the whole process of ..... if he so desires. 17. the learned counsel for the respondents has also submitted that the disciplinary authority, the appellate authority and the revisionary authority have acted independently and passed reasoned and speaking order after going through the charge sheet, documents available on record, evidences adduced during the inquiry, inquiry report and representations ..... of the vigilance department. he has also stated that the disciplinary authority did not apply his independent mind in deciding the matter, rather he was acting on the behest of the vigilance department. he has also submitted that the appellate authority actually wanted to reduce the penalty by imposing the penalty of .....
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..... dated 16.04.2004 was filed against him by the cbi u/s 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc alleging that the applicant, while posted as acit (inv.), circle 6(1), mumbai, had official dealings with one ..... only on the allegations, which constitute misconduct. a case had been instituted by the cbi under section 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc against the applicant and the said viren ahuja. the matter had been thoroughly inquired ..... 4) vide assessment order dated 30.03.99. subsequently, sh. babu goerge, deputy commissioner of income tax, circle 6(4) passed order under section 27(i) (c) on 27.9.99 imposing penalty of rs.18,40,000/- on m/s. gibraltor finance investment and leasing company ..... birendra kumar sinha, member (a) the instant original application filed by the applicant under section 19 of the administrative tribunal act, 1985 is directed against the memorandum no. c-14011/44/2012 vandl dated 19.09. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... alleging violation of the orders of this tribunal dated 08.05.2012, and praying for initiating contempt proceedings against the respondents under section 17 of the at act read with sections 11 and 12 of contempt of courts act 1971, and to force the respondents to implement the order passed by the tribunal as reproduced above. 4. the tribunal took ..... , either in the contempt petition, or in response to the status report dated 14.01.2013. 13. the ingredients which go into the making of an act as contumacious act have been examined in detail in the courts in u.k. and in india over the last 250 years. as was mentioned by justice williams in miller vs ..... keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and their characters. 16. therefore, there appears to be no contumacious act on the part of the respondents, committed by them in their individual capacity, which may make them liable to be punished for contempt, and the contempt petition is .....
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..... 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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..... such court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised. section 12 of the said act disentitles the plaintiff to institute a suit in respect of a matter which directly and substantially has been finally decided by the court of competent ..... promotion to the post of vice principal and principal (annexure a-1). the applicant has, therefore, approached this tribunal by filing this oa under section 19 of the administrative tribunals act, 1985 for the following relief(s):- (a) quash and set aside the impugned charge-sheet with all consequential benefits. award costs of the ..... of principle of constructive res judicata. their lordships further opined that constructive res judicata which is a special and artificial form of res judicata enacted by section 11 of the civil procedure code should not generally be applied to writ petition filed under article 32 or article 226 of the constitution. in mathura prasad bajoo .....
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 .....
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..... 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 .....
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