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Central Secretariat Service and Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(3)SLJ235CAT

..... state government on the rules in question to justify the action of inviting applications for grating permission to establish educational institutions, is not well merited....it is not necessary for us to analyze the provisions of the act and the rules any further since according to us in view of what is pointed out above the whole exercise undertaken by the state government in the present case for sanctioning the establishment of the educational institutions in ..... is clear from the reading of these provisions that according to the finance act the charge of tax is on the person who is responsible for ..... ) to (x vi) were held to be ultra vires section 65 of finance act, 1994 (as amended in 1997). ..... , which has been inserted by the finance act, 1997. ..... of karnataka excise (sale of indian and foreign liquors) rules, 1968, as ultra vires the act-karnataka excise act, 1965, section 23 (d, it was observed that: rule 8(1) has obviously gone beyond the ..... we wish to dispose of the two preliminary objections raised by the respondents. ..... chapter i sets out the restrictions on senior advocates and is relatable to sections 16(3) and 49(1)(g) of the act, chapter ii lays down the standards of professional conduct and etiquette and is relatable to section 49(1)(c) read with the proviso thereto and chapter iii deals with "conditions for right to practise" and is stated to be made in exercise of power under clause (ah) of sub-section (1) of section 49 of the act ..... procedure) rules, 1987 for joining together .....

Ramesh Chandra Mathur Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2003)(1)SLJ331CAT

..... verma, learned counsel has also contended that even though the applicant had placed orders with his son's firms in february, 1987, the same was got cancelled in november, 1998 and the money was returned to the treasury and on this account the respondents have not suffered ..... applicant has submitted that the respondents have passed a final order of punishment against the applicant dated 22.5.1995 by which the president acting as the disciplinary authority had imposed the penalty of 25% cut in pension payable to the applicant for a period of five years ..... in the circumstances of the case, the reliance placed by the respondents on the provisions contained in chapter xvi of the vigilance manual which have been issifed by the vigilance commission as executive instructions by a statutory body cannot have the effect ..... (d) of these rules as meaning services under the government of india in the ministry of defence, and in the defence accounts department under the control of the ministry of finance (department of expenditure) (defence division), paid out of the defence services estimates and not permanently subject to the air force act, 1950 or the army act,1950 or the navy act, 1957. ..... the relevant evidence and has come to the conclusion that the charge stood established and that the applicant has failed to maintain integrity and acted in a manner unbecoming of a government servant, thus violating the provisions of rules 3 and 4 of the ccs (conduct) rules, 1964 ..... a preliminary objection has .....

Dr. Arima Nigam Vs. Union of India Through: the Secretary and Another

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... learned counsel of the applicant in his submission referred to the clarification given in the chapter on resignation in swamys book on establishment and administration, which states as follows: a resignation becomes effective when it is accepted and the government servant is relieved of his duties. ..... learned counsel of the respondents in his preliminary submission stated that the oa was not maintainable on the ground of laches. ..... it appears that more than four years thereafter he sent a letter dated 10/12/1987 stating that he desired to withdraw his letter of resignation dated 14/03/1983. ..... in this connection the provisions with regard to limitation as provided in the administrative tribunals act, 1985 are quite explicit and are reproduced below: 21. ..... in the given background of facts in the present oa, the act of resignation of the applicant attained the irrevocable status following her conduct in relinquishing the post without permission of the employer and joining another job within two days. ..... considering the provision of section 21 of the administrative tribunals act, 1985 and the law as laid down by the apex court in d.c.s. ..... he, therefore, dashed off a letter dated 10/12/1987 with a view to withdrawing his resignation letter of 14/03/1983. ..... ii) power finance corpn. ..... katiji and others, (1987) 2 scc 107. ..... till 1987, i.e ..... the act of resignation attained finality with the applicant, relinquishing the post without waiting for relieving orders from the respondents. 19. ..... , 1987 (supp) scc 228 .....