Court : Delhi
..... 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its own procedure for selection and where the selection board is of the opinion that it shall not be practicable to call all the candidates for interview, it shall ..... considering the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. ..... it is submitted that section 252 of the income tax act, 1961 is to be read in conjunction with the income tax appellate tribunal members (recruitment and conditions of service) rules 1963 which have been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. ..... 5361/2019 & 5365/2019 page 6 of 7 court is of the view that rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 empowers the selection board to evolve its own procedure. ..... members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members .....
Tag this Judgment!Court : Delhi
..... 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its own procedure for selection and where the selection board is of the opinion that it shall not be practicable to call all the candidates for interview, it shall ..... considering the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. ..... it is submitted that section 252 of the income tax act, 1961 is to be read in conjunction with the income tax appellate tribunal members (recruitment and conditions of service) rules 1963 which have been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. ..... 5361/2019 & 5365/2019 page 6 of 7 court is of the view that rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 empowers the selection board to evolve its own procedure. ..... members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members .....
Tag this Judgment!Court : Delhi
..... however, it is equally settled that the courts can interfere with the decision of the departmental authorities where the departmental inquiries have been held against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode on inquiry or where the findings or conclusions reached by the departmental authorities are based on no evidence or perverse or such which no prudent person would have reached. ..... further there was nothing on record to show that appropriate purchase procedure namely call of tenders, constitution of a tender committee, approval of the accepting authority and the like was followed. ..... in the process shri sharma has failed to maintain devotion to duty and absolute integrity and thus violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... shri sharma has conducted himself in a manner unbecoming of a nift officer and a public servant and has failed to maintain devotion to duty and absolute integrity, thus attracting the mischief of rule 3 of ccs (conduct) rules, 1964. ..... in the process shri sharma has conducted himself in a manner unbecoming of a nift officer and has failed to maintain devotion to duty and absolute integrity and thus violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... sharma has, in the process, violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... sharma has, in the process, violated the provisions of rule 3 of ccs (conduct) rules, 1964. .....
Tag this Judgment!Court : Delhi
..... of 2 years with compulsory extended re-test nature of offence starting point level 1 8 years custody 7 14 years custody the most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others level 2 driving that created a substantial risk of danger level 3 driving that created a significant risk of danger sentencing range 5 years custody ..... krishnan, learned additional standing counsel for delhi police submits that in terms of the order dated 30 th september, 2013, the additional commissioner of police, shri anil shukla has constituted a committee of 17 officers who shall collect the relevant data/information in respect of the batch of petitions pending before this court. ..... it is submitted that the inspection of all the files would take approximately 10 days and the committee would be in a position to collect the relevant data and submit the vir within a period of 45 days thereafter.57. ..... krishnan, learned additional standing counsel for delhi police and the committee members shall communicate with the nominated counsels as and when necessary ..... affidavits have been filed, advance copy thereof be furnished to the committee of delhi police within a period of ten days. ..... companies shall extend necessary cooperation to the committee of delhi police and shall furnish the relevant information/documents to the committee as and when called for. ms. .....
Tag this Judgment!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 : Delhi
Reported in : [1991]70CompCas333(Delhi); ILR1990Delhi618
..... it is submitted that under rule 34 of the rules & regulations of the club, the central council or the executive committee has the power to call an extra ordinary general meeting and thus once the executive committee had called an extra ordinary general meeting on 29-1-1989 it was not open to the central council to change the decision of the executive committee and call the meeting on 18-2-1989. ..... thus, even though the executive committee had decided to convene the annual 'general meeting on 29-1-1989, the central council had the power to change the decision of the executive committee and could convene the meeting on some other date provided the requirement of notice in conformity with rule 36 which stipulates that not less than a fortnight's notice in writing has to be given to members for convening the ordinary or extra ordinary general meeting is satisfied. ..... learned counsel submitted that under the existing rules and regulations of the club, both, the central council as well as the executive committee has the power to call an extra ordinary general meeting. ..... learned counsel submitted that under rule 99(i) it is the duty of the secretary general to issue notices of meeting-, of the central council, executive committee and various committees and sub-committees of the club and prepare the agenda thereof and also perform such other duties and functions as may from time to time be prescribed by the president, the central council or the executive committee. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2003)(2)SLJ90CAT
..... proved, and, therefore, he finds no grounds to interfere with the punishment of dismissal awarded to him by the disciplinary authority.it is seen from the above facts and circumstances that the provisions of rule 16(xi) have been ignored by the respondents while taking into account the previous bad record of the applicant, without making it the basis of a definite charge against him. ..... 4225/99), decided by the delhi high court in april, 2000, because of non-compliance of the rules the impugned orders of punishment passed by the disciplinary authority as well as the appellate authority have to be quashed, and set aside.the disciplinary authority while referring to the previous bad conduct of ..... be entitled to all consequential benefits in accordance with the relevant provisions of law, rules and instructions for which the respondents shall pass appropriate orders within three months of ..... for respondents based on the provisions of rule 16 (xi) of the 1980 rules, we find that no satisfactory explanation has been given by the respondents as to how they have satisfied the provisions of the rules. "16. ..... once earlier the case had already been remitted to the appellate authority to pass fresh orders in accordance with the relevant rules and instructions in o.a. ..... action of the disciplinary authority in taking into account the past service record of the applicant, without making that record the basis of a definite charge against him is contrary to the provisions of rule 16 (xi) of the 1980 rules. .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIAD(Delhi)492; 75(1998)DLT613; 1998(47)DRJ795
..... the committee of management in exercise of the powers conferred by sub-rule (4) of rule 27 of the 1975 rules appointed shri a.s.nangia, chief marketing manager as the enquiry officer to enquire into the charges against the appellant. ..... the supreme court held:-'if the rules for granting the advance themselves provided the consequences of the breach of conditions, it would be idle to go in search of any other consequence by initiating any disciplinary action in that behalf unless the 1975 rules specifically incorporate a rule that the breach of house building advance rules would by itself constitute a misconduct. ..... in respect of the house building advance according to the respondent-corporation, in view of rule 10 (1) (c) (i) the appellant was required to utilise the amount drawn by him for the purpose for which advance was granted within two months of drawl and submit the documents evidencing the purchase of plot within ..... house building advance (grant and recovery) rules (`rules for house building advance' for short) framed in exercise of the powers conferred upon the board of directors by the articles of association of the corporation. ..... on november 1, 1963, came to be promoted as assistant and earned a further promotion on may 22, 1974 as accountant. ..... the appellant a.l.kalra joined as under division clerk in the stc on august 6, 1963. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... taking the totality of facts and circumstances of the case into account, i find that there has been no violation of any rules and instructions with regard to the superannuation of the applicant and non-sanction of pension to him, giving any valid cause of action to the applicant to agitate the matter ..... the respondents have also argued that the applicant was promoted in group-d cadre as per departmental rules and he accepted the promotion given in group-d cadre, vide office order dated 26.04.1995. ..... even though a channel of appointment to group-d cadre has been provided through edda, no rule or regulation has been cited by the applicant to show that the service rendered by him as edda has to be counted for grant of pension as a group-d ..... a matter of fact, the applicant has admitted that he had rendered only 8 years of service as group-d employee and was, therefore, denied pension, since the rules require a minimum period of 10 years of regular service before entitlement to pension.15. ..... counsel also highlighted the alternate prayer that in case the applicant cannot be given pension, he may be re-employed as edda, since according to the recruitment rules of the post, there is no maximum age limit for recruitment of edda.11. ..... further, since the applicant was retied in terms of the rules and regulations of the respondents, no cause of action has accrued to ..... selection committee recommended the name of the applicant and, upon appointment, he joined as a group-d employee on 05.05.1995 .....
Tag this Judgment!Court : Delhi
..... it may be noted at this stage vide sub-sections (1) and (2) of section 18 of the railway claims tribunal act, 1987 that the strict rules of cpc and evidence act do not apply to proceedings before the tribunal and therefore the appellant need not have summoned naresh kumar. .....
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