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Jeet Mal Vs. Collector of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)LC430Tri(Delhi)

..... in the absence of any plea that the relevant provisions of criminal procedure code are pari materia the provisions of the gold control act, on this issue the said ruling cannot be applied. ..... 1963 bom. .....

Shri Ravi Kumar S/O Shri Bhola Ram Vs. Union of India (Uoi) (Through t ...

Court : Central Administrative Tribunal CAT Delhi

..... in our opinion there can be no hard-and-fast rule that merely because the earlier misconduct has not been mentioned in the charge sheet it cannot be taken into consideration by the punishing authority. ..... shri ravi kumar by his above act exhibited conduct of a government servant in violation of rule 3 of ccs (conduct) rules 1964.4. ..... shri ravi kumar by his above act exhibited lack of devotion to duty/disobedience of orders and conduct unbecoming of a government servant in violation of rule 3 of ccs (conduct) rules, 1964. ..... shri ravi kumar by his above act exhibited conduct unbecoming of a government servant in violation of rule 3 of ccs (conduct) rules 1964. ..... apart from above, counsel for the applicant placed reliance on para 2 under government of india's decisions (page 81 of ccs (cca) rules, 1965).9. ..... the said shri ravi kumar has failed to give intimation to the depot administration regarding his absence and to submit leave application within a period of three days from the date of absence in contravention to ccs (leave) rules, 1972. ..... shri ravi kumar has failed to give intimation to the depot administration regarding his absence and to submit leave application within the period of three days from the date of his absence in contravention to ccs (leave) rules 1972. .....

Mohan Lal Indoria Vs. Babu Ram Solanki

Court : Delhi

Reported in : 14(1978)DLT12

..... 7, a suggestion is put that shri gulzari lal chopra and shri attar singh were members of the executive committee of the congress block at the time of last elections and this was denied. ..... by virtue of section 9 of the said act, the provisions cantained in farts iii to xi of the act and of any rules and orders made there under, for the time being in force, have been made applicable to the election of the members of the metropolitan council of delhi (hereinafter referred to as the metropolitan council). ..... the complaint register may not be a register required to be maintained under the punjab police rules which are applicable to delhi, but is a register which is maintained in the normal course of business by a police post. ..... as his own witness as shri krishan lal had already appeared as public witness 4, i considered it a fit case to exercise my discretion under order 18 rule 17 of the code of civil procedure and recalled p.w. ..... this doctrine is not mandatory rule of evidence but involves the question of weight of evidence which a court may apply in a given set of circumstances. ..... rule 8 of the conduct of election rules, 1961 prescribes the manner of appointment and the form to be used. .....

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

..... do away with the association of any police officer from the inquiry process, for the child in need of care and protection as the work is assigned to the child welfare committee and to cover other cases where the child can remain in children/shelter home after completion of enquiry; xxx xxx xxx (xi) to ensure the applicability of model rules framed by the central government in the states/union territories who have not made their own ..... it was contended that only the child welfare committee constituted under section 29 of the statute would have the jurisdiction to rule on the issue about the competence of the claim for custody by a person claiming to be the ..... (2) the state government may make rules consistent with this act to provide for the manner of making the report to and to the committee and the manner of sending and entrusting the child to children's home pending the ..... rule 25 of the jj (care & protection of children) rules, 2007 dealing with the functions and powers of the child welfare committee also provides the steps which a committee is required to take so far as custody of children ..... the adoption of the beijing rules in 1985, the suggestion in the sheela barse case in 1986 for initiation of parliamentary legislation on the subject, and the recommendation for a uniform law on the subject also to be found in the 69th report of the committee on subordinate legislation tabled in the parliament on 12th of may, 1986, added to the impetus for enacting a uniform law relating to .....

VipIn Kumar and ors. Vs. Delhi Development Authority

Court : Delhi

Reported in : 44(1991)DLT23; 1991(1)DRJ(Suppl)433

..... it is only where there are no statutory rules for recruitment and the vacancies exist that ad hoc employees or daily wagers, employed for sufficient length of time may but be entitled to be regularised. ..... it cannot be that, in contravention of the statutory rules, ad hoc appointment is made and after some time that appointment is regularised. ..... if the statutory rules contain a provision for relaxation, then possibly powers can be exercised of relaxation of the rules in favor of those employees who have been rendered services but for a number of years. ..... the statutory rules for recruitment cannot be allowed to be circumvented in this manner. ..... no recruitment, however, can be allowed which is contrary to the statutory rules. ..... in our opinion, no recruitment can be made which is contrary to the statutory rules. ..... (4) according to the respondent the requirement of passing the written test and the typing test is a statutory rule. .....

Union of India Vs. Yogender Pal Singh

Court : Delhi

Reported in : 26(1984)DLT263

..... sabharwal, learned counsel for the appellants, submits that in view of the enforcement of the delhi police (appointment & recruitment) rules, 1980, with effect from 31st december, 1980, the punjab police rules in respect of appointment and recruitment extended to delhi prior to the promulgation of delhi police act, 1978, stood automatically repealed. ..... . (1) on the commencement of this act the enactments ^ ^ ^^^ specified in schedule ii shall case to be in force in delhi : provided that (i) all rules and standing orders made (including the punjab police rules, as in force in delhi), appointments made, powers; conferred, orders made or passed, directions and certificates issued, consent, permit, permission or license given summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrant's ..... '(7) it is discharged that the administrator of delhi in the case of the petitioners was of the view that the rules laying down the qualifications for recruitment to the post of constable ought not to be relaxed although a recommendation to that effect had been made to him. .....

Shri I.P. Dhawan Vs. Govt. of Nct of Delhi and ors

Court : Delhi

..... the petitioner wants the application of principle (b) and submits that the petitioner was appointed as per the rules as rules were relaxed and therefore, even when the appointment was on ad hoc basis, initial appointment was not made as per rules, but he continued the post uninterrupted till relaxation of service in accordance with the rules, the period of ad hoc service should be counted. ..... to sum up, we hold that:(a) once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.the corollary of the above rule is that where the initial appointment is only ad hoc and not according to rules and made as a stop-gap arrangement, the officiation in such post cannot be taken into account for ..... the contention of the learned counsel for the petitioner is that when the petitioner was initially appointed on ad hoc basis to the post of assistant superintendent (jail) vide orders dated 19.6.1986, the selection committee had relaxed the essential educational qualification and physical standards as prescribed in the rules. ..... and others (1993) 3 scc 371 and held that when the initial appointment could not be made as per rules, the petitioner was entitled to count the seniority for the said period. ..... made from more than one source, it is permissible to fix the ratio for recruitment from the different sources, and if rules are framed in this regard they must ordinarily be followed strictly. .....

Shri K.C. Sethi Vs. the Registrar General, Supreme Court of India

Court : Delhi

Reported in : 2002(61)DRJ320

..... age of 57 years and accordingly, the matter regarding review of continuance or otherwise of the petitioner beyond the age of 57 years was required to be placed before the committee and accordingly, necessary papers were prepared by the registry of the supreme court and as per the policy decision the case of the petitioner for review for his continuance or ..... petitioner beyond the age of 55 years was continuance or otherwise of the service of the petitioner beyond the age of 55 years was considered by the supreme court under rule 56(j) of the fundamental rules and the matter was placed before the concerned committee comprising of two judges of the supreme court for the purpose of review. ..... it was also submitted that the procedure followed by the registry in making review of the cases of the petitioner every year is foreign to the provision of rule 56(j) and that the petitioner having been found fit to be continued in service on attaining the age of 55 years there could have been no further review in law of his ..... aforesaid provision of rule 56(j) of the fundamental rules read with policy adopted by the supreme court of india for dealing with the question of continuation or otherwise of the officers of the supreme court of india in service, the case of all the officers are reviewed by the aforesaid committee constituted for the purpose ..... for review when he attained the age of 55 years when his services was recommended to be continued by the committee beyond 55 years as per rules. .....

Saurabh Kumar Mallick Vs. the Comptroller and Auditor General of India ...

Court : Delhi

Reported in : 151(2008)DLT261

..... in the above view of the fact, we have no hesitation to rule that though the complaint mechanism and the committee formed therein, has to be treated as an inquiring authority with its report to be a deemed inquiry report within the ambit of rule 14 of rules 1965, yet the respondents are not absolved from as an obligation to hold the inquiry by following the procedure as laid down under rule 14 of rules 1965.30. ..... 7849/2006 decided on 17.11.2006, when a state complaint committee had given its finding and the department had not followed the procedure laid down under rule 14 of the ccs(cca) rules, penalty was set aside by the single bench and lpa there against is ..... was, thereforee, incumbent upon the disciplinary authority as well as the inquiry committee to follow the procedure laid down in ccs (appeal) rules (hereinafter referred to as the 'appeal rules'), which was violated in the instant case. ..... relevant observations in this behalf are as under:complaints committee as envisaged by the supreme court in its judgment in vishaka's case : air1997sc3011 , will be deemed to be an inquiry authority for the purposes of central civil services (conduct) rules, 1964 (hereinafter called the ccs rules) and the report of the complaints committee shall be deemed to be an inquiry report under the ccs rules. ..... -177 of 1999 decided on 26.4.2004, the supreme court held that the report of the complaint committee has to be treated as per rule 14 of the ccs(cca) rules as a final report in the inquiry. .....

Hira Singh Vs. Hari Ram

Court : Delhi

Reported in : ILR1984Delhi695

..... arid oilier : air1969bom177 , it was pointed out that even at the time of counting she votes, the candidates or their counting agents have no right to handle the ballot papers and rule 56(3) makes it clear that even the right of inspection is limited to rejected ballot papers alone and that in respect of ballot papers which are alleged to have been wrongly accepted, the law does not even ..... confer a right of inspection on the candidates or their counting agents the law itself contemplates continuous and rapid counting of votes, as is ^ clear from rule 60 and rule 53(4) and it would obstruct that process' if the counting agents of the various candidates were to be at liberty to note down the seriall numbers. ..... section 9 of the delhi administration act, 1966 provides that the provisions of part i and parts iii to xt of the act, and the rules and orders made there under for the time being in force shall apply in relation to an election to the metropolitan council as they apply in relation to an election to the legislative assembly of a state subject to such modifications, ..... jagjit singh (supra) para 25, it was held, that the strict rule of pleading prescribed by order 8 rule 5 of the code of civil procedure cannot be blindly invoked in election ..... the votes polled in favor of the petitioner but found in the ballot box of mcd have been rightly rejected under rules 56(2)(g) of the conduct of election rules, 1961, hari vishnu kamath v. .....