Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... contention of learned counsel appearing for applicant that transfer is in disregard of order no. q/ga/663/1/2003 issued by the ministry of external affairs (general administration section) giving classification of station and tenure of posting there w.e.f. jan, 2006 wherein the normal tenure of posting at shanghai is mentioned as three years. ..... countenance that benefit had from infraction of law and must be allowed to be retained. can one illegality be compounded by permitting similar illegal or illegitimate or ultra vires acts? answer is obviously no. 17. the concept of equality as envisaged under article 14 of the constitution is a positive concept which cannot be enforced in a negative ..... conditions of service. unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an act or rule) or passed by an authority not competent to do so, an order of transfer cannot lightly be interfered with as a matter of course or routine .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... is one criminal case, however, no previous approval, mandatory for conducting any enquiry and/or investigation under section 6-a of the delhi special police establishment act, 1946 and sanction under section 19 of the prevention of corruption act, 1988 has yet been accorded by the government. it is, therefore, averred that the inquiry and ..... not be revised until the conclusion of departmental/judicial proceedings. it is averred in the oa that the applicant requested for information under right to information act, 2005 and was informed that large number of similarly situated persons as the applicant have already been granted benefit of 6th cpc recommendations relating to revision ..... would contend that the revision of provisional pension was granted to the similarly situated persons as the applicant had received this information under right to information act, 2005. in most of those cases the pension was granted under the 6th cpc explaining that such payments would be subject to the outcome of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... suit failed. the respondent in ca no.7374/2003 before honble supreme court who had purchased the plot from n filed an application under section 83 of the jaipur development authority act, 1982 questioning notice issued by the appellate authority for auction of two plots. considering the transaction between the persons who purchased the land also ..... rule 12. as is defined in rule 2 (k), government means the government of india and in terms of the definition mentioned in section 3 (8)(b) of general clauses act. central government shall in relation to anything done or to be done after the commencement of the constitution means president. further as is provided ..... by the learned counsel appearing for applicant, the issue raised related to a notification dated 13.05.60 issued under section 4 of the rajasthan land acquisition act, 1953. in the said case a declaration under section 6 was issued on 3.5.1961. initially 65 khatedars filed claims for compensation and subsequently this figure swelled to .....
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