Court : Jharkhand
..... suman, advocate --- 02/ 23.09.2015 heard counsel for the parties.2. petitioner seeks quashing of the departmental proceeding initiated vide resolution no. 239 dated 11.01.2012 and charge sheet issued thereunder containing six specific allegations of passing forged measurement bills in respect of narega projects bearing nos. 104/07-08, 105/07-08, 108 ..... is also in relation to six charges. the charges which are part of the departmental proceeding also do reflect not only allegations of criminal culpability, but acts of official misconduct in discharge of duties by the delinquent employee. nothing more needs to be observed at this stage on the merits of the allegations as ..... under rules 3(1)(a) and 3(1)(c) of the central civil services (conduct) rules against the officers mentioned in the note which included the respondent herein. ultimately, it appears that the charge memo was not put up for approval by the finance minister. therefore, it would not be possible to accept the submission of .....
Tag this Judgment!Court : Jharkhand
..... this writ petition mainly on the following facts and reasons:- (i) order in original was passed by additional commissioner central excise on 31st december, 2012 which is appellable under section 85 (3-a) of the finance act, 1994. the period of limitation is sixty days. delay can be condoned by commissioner (appeals) if there ..... was also preferred after the limitation period was over for preferring appeal u/s 85(3a) of the finance act, 1994. (iv) looking to the order in original dated 31st december, 2012 passed by additional commissioner, central excise the demand notice issued upon this petitioner was affirmed, without any ambiguity. order for interest was ..... has specifically been mentioned in the order in original passed by additional commissioner central excise, ranchi dated 31st december, 2012 that demand of service tax has been affirmed against this petitioner as well as interest under section 75 of the finance act, 1994 has also been affirmed. there was violation of certain circulars .....
Tag this Judgment!Court : Jharkhand
..... also preferred after the limitation period was over for preferring appeal u/s 85(3a) of the finance act, 1994. (iv) looking to the order in original dated 31st december, december, 2012 passed by additional commissioner, central excise the demand notice issued upon this petitioner was affirmed, without any ambiguity. order for interest was ..... fifteen months from the date of which the order in original was passed. for ready reference section 85 of the finance act, 1994 reads as under: 85. appeals to the [commissioner] of central excise (appeals) [(1) any person aggrieved by any decision or order passed by an adjudicating authority subordinate to the ..... also passed and order for penalty was also imposed under section 77 of the finance act, 1994. thus appeal should have been preferred by .....
Tag this Judgment!Court : Jharkhand
..... this writ petition mainly on the following facts and reasons: (i) order in original was passed by additional commissioner central excise on 31st december, 2012 which is appellable under section 85 (3-a) of the finance act, 1994. the period of limitation is sixty days. delay can be condoned by commissioner (appeals) if there are ..... was also preferred after the limitation period was over for preferring appeal u/s 85(3a) of the finance act, 1994. (iv) looking to the order in original dated 31st december, 2012 passed by additional commissioner, central excise the demand notice issued upon this petitioner was affirmed, without any ambiguity. order for interest was ..... specifically been mentioned in the order in original passed by additional commissioner central excise, ranchi dated 31 st december, 2012 that demand of service tax has been affirmed against this petitioner as well as interest under section 75 of the finance act, 1994 has also been affirmed. there was violation of certain circulars .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR185(Jhr)]
..... service tax under 'mandap keeper's services' head of account to the respondents, central excise division, ranchi. it has further been prayed that the respondents may be restrained from enforcing any of the provisions of service tax act i.e. chapter-v of the finance act, 1994.2. admitted facts on record are as following:ranchi club limited is ..... the basis of membership along with relationship with individual members based on doctrine of mutuality. it is further admitted fact on record that with the amended provisions of finance act, 1994 mandap keeper's service has been placed under taxation nets and accordingly the respondents noticed the petitioner to get it registered vide annexures-5 and 6. ..... this writ petition vide annexures-2, 3, 4 and 9 is not liable to pay service tax under the provisions of sections 65, 66, 67 of the finance act, 1994 when the services were utilized by the members of the club. therefore the admitted position of law remains that the petitioner's club is not liable to .....
Tag this Judgment!Court : Jharkhand
..... clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to -26- protect the financial interest of the state. the right to refuse ..... claimed that c1 india pvt. ltd. is a pioneer in developing e procurement solution as per the process followed by the central government, state government and public sector undertakings. the solutions developed and implemented by c1 india pvt. ltd. according to them have ..... tender. -33- 32. in the case of michigan rubber (india) ltd. vs. state of karnataka & anr. reported in (2012) 8 scc216(supra), it was held as follows:35. as observed earlier, the court would not normally interfere with the policy ..... or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ; (ii) whether public interest is affected. if the answers .....
Tag this Judgment!Court : Jharkhand
..... - aid was released to the state government on yearly basis by the ministry with approval of the integrated financial division. some projects were fully financed by the central government, while for some project, the state government had borne the liability. later on in 1987-88, the government of india, ministry of ..... jharkhand 2. director, primary education, jharkhand 3. district public officer, ranchi 4. accountant general, ranchi, jharkhand --- --- respondents with w.p. (s) no. 5618 of 2012 shakti narayan thakur --- --- petitioner versus 1. the state of jharkhand 2. the secretary, humane resources development department, jharkhand 3. the principal secretary, department of food, public ..... .38. learned counsel for the accountant general has referred to the constitutional provisions i.e. article 149 of the constitution of india and the act/ rules made thereunder. he submitted that as a custodian of accounts, the office of comptroller and auditor general is responsible to satisfy itself that .....
Tag this Judgment!Court : Jharkhand
..... - aid was released to the state government on yearly basis by the ministry with approval of the integrated financial division. some projects were fully financed by the central government, while for some project, the state government had borne the liability. later on in 1987-88, the government of india, ministry of ..... jharkhand 2. director, primary education, jharkhand 3. district public officer, ranchi 4. accountant general, ranchi, jharkhand --- --- respondents with w.p. (s) no. 5618 of 2012 shakti narayan thakur --- --- petitioner versus 1. the state of jharkhand 2. the secretary, humane resources development department, jharkhand 3. the principal secretary, department of food, public ..... .38. learned counsel for the accountant general has referred to the constitutional provisions i.e. article 149 of the constitution of india and the act/ rules made thereunder. he submitted that as a custodian of accounts, the office of comptroller and auditor general is responsible to satisfy itself that .....
Tag this Judgment!Court : Jharkhand
..... - aid was released to the state government on yearly basis by the ministry with approval of the integrated financial division. some projects were fully financed by the central government, while for some project, the state government had borne the liability. later on in 1987-88, the government of india, ministry of ..... jharkhand 2. director, primary education, jharkhand 3. district public officer, ranchi 4. accountant general, ranchi, jharkhand --- --- respondents with w.p. (s) no. 5618 of 2012 shakti narayan thakur --- --- petitioner versus 1. the state of jharkhand 2. the secretary, humane resources development department, jharkhand 3. the principal secretary, department of food, public ..... .38. learned counsel for the accountant general has referred to the constitutional provisions i.e. article 149 of the constitution of india and the act/ rules made thereunder. he submitted that as a custodian of accounts, the office of comptroller and auditor general is responsible to satisfy itself that .....
Tag this Judgment!Court : Jharkhand
..... - aid was released to the state government on yearly basis by the ministry with approval of the integrated financial division. some projects were fully financed by the central government, while for some project, the state government had borne the liability. later on in 1987-88, the government of india, ministry of ..... jharkhand 2. director, primary education, jharkhand 3. district public officer, ranchi 4. accountant general, ranchi, jharkhand --- --- respondents with w.p. (s) no. 5618 of 2012 shakti narayan thakur --- --- petitioner versus 1. the state of jharkhand 2. the secretary, humane resources development department, jharkhand 3. the principal secretary, department of food, public ..... .38. learned counsel for the accountant general has referred to the constitutional provisions i.e. article 149 of the constitution of india and the act/ rules made thereunder. he submitted that as a custodian of accounts, the office of comptroller and auditor general is responsible to satisfy itself that .....
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