Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... and communicated to the officer concerned: provided further that, if any person appointed to the upper division clerks- grade is considered for promotion to the assistants - grade in any cadre under this sub-rule, all persons senior to him in the upper division grade in that cadre shall also be so considered notwithstanding that they may not have rendered five years - approved service in that grade: ..... shri khatana that cadre restructuring was an executive/administrative exercise for the specific purpose of removing acute stagnation in the assistants grade and the same was outside the purview of the css rules, 1962 and, therefore, the government was justified in taking an administrative policy decision to give separate treatment to all the cadre restructuring vacancies in contra-distinction to the normal cadre vacancies ..... ; to direct the official respondents to bifurcate the newly created vacancies of section officer on account of cadre restructuring in 2003 into seniority and ldce quota in accordance with the css rules, and fill the remaining ldce vacancies from the combined limited departmental competitive examination, 2005; to direct the official respondents to include the 170 unfilled vacancies of the combined limited departmental ..... take a policy decision and at best the applicants were armed with certain recommendations of the parliamentary committee or the expert committee, which would not confer any right till the decision was translated into a right by amending the rules .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... canvassed by the applicants senior counsel is that the disciplinary proceedings are coram non-judice as the four charges on which the applicant has been proceeded against are for alleged violation of the rule 3(1)(ii) of ccs (conduct) rules and the orders in all those four cases have been passed by the applicant during the course of performing quasi-judicial functions and statutory duties as cit(a) and the applicant is not ..... rule173q; section 11ac of the central excise act, 1944 and rule14 of central civil services (classification control and appeal) rules, 1965 where two principal issues arose for the consideration of honble supreme court: (1) if levy of penalty under rule 173-q was obligatory and (2) was there enough background material for the central government to form a prima facie opinion to proceed against the officer on the charge of misconduct on ..... of scanning 200 to 300 appeals decided by the applicant during the relevant period and picking out 4 cases on the consideration of tax effect to proceed against the applicant for alleged violation of rule 3(1)(ii) of conduct rules, 1964 during the fag end of his career when the applicant was looking forward to a peaceful retired life. ..... revenue service (income tax) officer of 1978 batch, is aggrieved by the memorandum dated 26.04.2012 (annexure a-1) by which it has been proposed to hold an enquiry under rule 14 of the ccs (cca) rules, 1965 and, therefore, has sought the following relief(s):- (a) quash the memorandum (f.no. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it is thus very clear that the committee while considering the names of persons in the zone of eligibility, looked at the service record of the preceding ten years. ..... in the counter affidavit filed by the respondents, it has been stated that as per rule 5 of delhi police (promotion and confirmation) rules, 1980 read with govt. ..... the learned counsel has referred to rule 15 of delhi police (promotion and confirmation) rules 1980, which reads as follows: 15. ..... we are satisfied that the action taken by the respondents in this regard is as per rules and decisions of the dpc. ..... service particulars of persons in the zone of consideration on the prescribed proforma which comprised of details of punishment awarded during last ten years and acrs for the years 2001-02 to 2005-06 were put up to the departmental promotion committee. ..... the selection shall be made on the recommendations of the departmental promotion committee. ..... assessed the suitability of the employees for promotion on the basis of their service records with particular reference to the confidential reports for five preceding years irrespective of the qualifying service prescribed in the service/recruitment rules. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... he has also stated that since rule 13 (3) iii (v) of army rules, 1954 is not applicable to the civilians in civ gt units in the army supply corps, his discharge from service under the aforesaid rule on disciplinary grounds is absolutely unjustified, null and void and to be cancelled in ..... reinstated into service immediately with full pay and allowances, as the civilian employees in civ gt unit in the army supply corps in the army do not govern under ar rule 13 (3) iii (v) of army rules 1954 to carry out discharge from service. ..... he has also violated the armed forces rules and regulation, even though he was well ..... the manner of discharge, prescribed in the said rule, is also reproduced as under: the brigade or sub area commander before ordering the discharge shall, if the circumstances of the case permit give to the person whose discharge is contemplated an opportunity to ..... /2011 before the armed forces tribunal (aft for short), principal bench, new delhi seeking the following reliefs: (a) to cancel the discharge order of the applicant from service under rule 13 (3) iii (v) of the army rule 1954 as the civilian employees in civ gt units in the army corps do not govern under the aforesaid army rule 1954. ..... to the aforesaid appeal as well as the legal notice, he submitted a fresh annexure a-13 appeal dated 08.10.2011 praying to cancel the discharge order dated 28.09.2011 from service under rule 13 (3) iii (v) of army rules 1954. 7. ..... provisions of section 14 of the specific relief act, 1963. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... shri suresh prasad by his above acts failed to maintain absolute integrity and exhibited conduct becoming of a public servant and, thereby, violated rule 3 (1) (i) of ccs (conduct) rules, 1964. ..... dppersii2007/896/c-14011/6/06 dated 19.03.2007 proposing to hold an inquiry against him under rule 14 of the ccs (cca) rules, 1965. ..... , would only be required in their deposition (both in examination in-chief as well as the cross examination of witnesses) to stick only to the misconduct aspect, and the civil liability of the delinquent government official under the ccs (conduct) rules. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... highlighted that in the said case the honble supreme court quashed and set aside the judgment of the honble high court holding that the selection committee should reconsider the applicants case after taking into consideration the orders passed by the state government subsequently on any adverse entry which had been made ..... state of bihar and he was eligible to be considered for appointment as a member of the indian police service for the year 1973 his case was placed before the committee constituted under regulation 4 of the regulations for the purpose of preparation of the list of suitable officers for promotion to the indian police service cadre of the state of ..... proviso to the regulation 5(1) provides that no meeting of the committee shall be held and no list for the year in question shall be prepared when (a) there are no substantive vacancies as on the first day of january of the year in the post available for the members of the state police service under rule 9 of the recruitment rules or (b) the central government in consultation with the state government ..... decides that no recruitment shall be made during a year or (c) the commission on its own or on a proposal made either by the central government or the state government decides that it is not practicable to hold a meeting of the committee to make the selection to prepare a .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the transfer order of the applicant dated 04.09.2012 is a simplicitor one and administrative ground or public interest for transfer has not been recorded in the relevant file, but the placement committee has noted that the confidential note containing the complaints against the applicant as has been reflected in the impugned order dated 21.09.2012, has been the basis of his transfer. ..... not be ordinarily interfered with by a court of law, unless it is found that either; (i) that the authority who issued the orders, is not competent to pass the transfer order; or (ii) that the service rules prohibit such transfer; or (iii) the order is mala fide either in fact or in law; or (iv) the transfer suffers from arbitrary action of the executive. 18. ..... not be interfered with ordinarily by a court of law in exercise of its discretionary jurisdiction under article 226 unless the court finds that either the order is mala fide or that the service rules prohibit such transfer, or that the authorities who issued the orders, were not competent to pass the orders. 13. ..... in the oa, the respondents have stated that the impugned order has been passed by the competent authority in accordance with relevant rules and instructions and in compliance of tribunals order dated 07.09.2012 passed in oa no. ..... not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... . para 3 of the order reads as under:- consequent upon the notification of ccs (rp) rules 2008, department of expenditure has received a large number of reference fro administrative ministries/departments proposing upgradations of the posts which were in the pre-revised scale of rs.6500-10500 as on 1.1.2006 by granting them grade pay of rs. ..... . it has also ignored the basic principle that there are certain rules, regulations and executive instructions issued by the employers which govern the administration of ..... . further, in terms of the aforementioned provisions of ccs (rp) rules 2008, in case a post already existed in the pre-revised scale ..... secretariat also helps ministers to discharge their accountability to parliament including the various parliamentary committees ..... (iii) in terms of rule of procedure notified at the time of formation of st commission, all rules, regulation and orders issued by the central government, applicable in the ministries/department would also apply ..... in the original application are:- (i) the impugned order is violative of the instruction at serial no.1 beneath entry 1 office staff in the secretariat in section ii of part-b of the first schedule to the central civil service (revised pay) rules, 2008 notified on 29 august 2008. ..... initial fixation as on 1.1.2006 will be done in accordance with note 2 below rule 7 of this notification. (ii) ..... . in ccs (rp) rules, 2008 issued by g.s.r.622 (e) dated 29.08.2008, it is specifically provided that the revised pay scale of 7500 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... 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 for any or every type of grievance sought to be made. ..... the safeguard of legitimate expectation has its root in the constitutional principle of rule and law that calls for legality, regularity, predictability and certainty in the government dealings. ..... the respondents have accordingly contended that the recommendations made by the transfer committee, as on february 18, 1993 regarding transfer of petitioner no. ..... if he fails to proceed on transfer in compliance to the transfer order, he would expose himself to disciplinary action under the relevant rules, as has happened in the instant case. ..... transfer of a public servant made on administrative ground or in public interest is not to be interfered with unless there are strong and pressing ground rendering the transfer order illegal on the violation of statutory rules or on the ground of malafides. ..... admittedly, the rules contain a mandatory flavour. ..... the rule of legitimate expectation is founded on basic principles of justice and fair play. ..... gobardhan lal, (2004) 11 scc 402, honble supreme court ruled as under:- 7. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the entire controversy in this case revolves around the clause pertaining to one year service in hag grade in the amended central board of excise and customs (chairman and members) recruitment rules, 2006 pertaining to the recruitment of members which reads as under:- i) officers of the central government having one year regular service in the grade of hag pay scale of rs.67000 ..... urged that it would be arbitrary to shift this date to the date of the meeting of the selection committee, which is 1 oct, 2010 or the date on which the 1st vacancy actually arose, which is 31 ..... , the date of occurrence of the 4th vacancy in the financial year 2012-13, the selection committee ought to have considered him for appointment as member, cbec in its initial meeting itself and not to exclude him ..... the rr-2006 also provide that selection is to be made by the selection committee under the chairmanship of the cabinet secretary and comprising of the principal secretary to prime minister, home secretary, secretary (personnel) and ..... by simply choosing the date of the selection committee meeting appropriately, it will be possible to disqualify candidates and consequently include others lower down in seniority, thereby changing the composition of the zone of consideration and even ..... lipika majumdar roy choudhry made by the committee of secretaries ( cos for short) in the month of july, 2012 to the post of member, central board of excise and customs (cbec for short) but at the same time rejecting his .....
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