Judgment Search Results Home > Cases Phrase: haj committee rules 1963 Court: delhi Page 8 of about 41,248 results (0.255 seconds)

Mtnl and Anr Vs. Jasbir Singh

Court : Delhi

..... the learned tribunal had also taken a view that bcr scheme appeared to be in violation of the post and telegraphs department, telecommunication branch (selection grade posts) recruitment rules, 1979 ( hereinafter as recruitment rules 1979 ) but did not strike down the scheme taking into consideration the interest of large number of employees who had already been granted relief on the basis of the scheme over a period of time ..... the learned counsel thus contended that after having appeared in the departmental examination held under recruitment rules, 1979, the respondent could not have been deprived of the said right by any subsequent administrative order and therefore, the learned tribunal has rightly upheld the claim of the respondent in granting him pay ..... this plea of bcr scheme being an administrative order and being in contravention of the existing recruitment rules,1979 was also considered by the apex court in the above judgment and the apex court took a view that since the scheme has been in operation since 1992 and also the fact ..... there is also substance in the submission of learned counsel for the respondents that the recruitment rules as well as the bcr scheme provide for consideration of suitability and fitness as criteria for ..... prior to 1992, the criteria for promotion under the existing recruitment rules,1979 from the post of ldc to the post of udc was by two modesfirst, by passing departmental competitive examination and the second was on the basis of seniority-cum- .....

Sh. Shib Lal Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2003)(3)SLJ244CAT

..... it is stated that applicant's subsistence allowance has been enhanced and as the order passed by the respondents on 8.7.99 though does not mention of rule 10(1) of the ccs (cca) rules, 1965 but yet the same has been passed under the aforesaid provisions and as a criminal prosecution is pending against applicant his suspension has been continued and revocation has not been found to ..... the contention of the respondents that the order passed on 8.7.99 is deemed to be an order passed under rule 10( 1) of the rules which cannot be countenanced, as this order is the outcome of the direction of the tribunal where applicant has a grievance and his appeal under rule 3 of the ccs (cca) rules, 1965 has not been considered and no orders have been passed in review, reviewing the continued suspension of ..... the following findings have been recorded by the high court of delhi; '"on a bare perusal of sub-rule 2(1) of rule 10 of the rules, it would appear, a legal fiction has been created so that a person would be deemed to be under ..... he further slates that in absence of any fresh order passed by the respondents under rule 10(2) of the rules the suspension of the applicant is to be set aside and he is to be deemed as on duty since 16.9.94 and the order passed by the respondents on 8.7.99 is not an order under rule 10 but an order passed on the direction of the tribunal and is an order passed in review where the request of the applicant for revocation of the deemed suspension of the applicant has .....

Bir Singh Vs. Government of Nct of Delhi and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(1)SLJ118CAT

..... what has been basically laid down by the apex court is that there should be an intention to quit and as transpired from the very nomenclature of rule 48(a) of service rules, the request for voluntary retirement before one seeks retirement, the condition precedent is that it should be a voluntary act on the part of government ..... of the appointing authority though the procedure to apply for the retirement is to give a notice of 90 days but rule 48(a)(3-a)(a) provides that in case of request of curtailment of the period of notice, the appointing authority may relax the requirement of notice for three months and as per-rule 48(a)(4) one is precluded from withdrawing his notice except with the prior approval of the appointing authority but this approval shall ..... on appeal, the commissioner of police instead of re-instating the applicant back, re-enrolled him in service acting under rule 29 of the delhi police (appointment and recruitment) rules, 1980 on the ground that applicant proceeded on voluntary retirement due to mental stress and without knowing its implications ..... . where any ministry or department of the government is satisfied that the operation of any of these rules, causes undue hardship in any particular case, the ministry or department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the cases in a .....

Narpat Rai Sharma Vs. Inspector General of Registration, New Delhi and ...

Court : Delhi

Reported in : 10(1974)DLT262

..... 69(l)(bb); although, this provision is challenged on the ground of the delegated legislation, learned counsel for the petitioner has stated that if the interpretation placed by him on the aforementioned rules is adopted, then it will not be necessary for the purpose of these proceedings to deal with the question of delegated legislation. ..... (18) the result would be that this petition would partly succeed in the sense that rule 3 (2) would be ultra virus as already held per judgment in moti ram's case, referred to above, and the remaining rules would not be ultra virus of article 19(1)(g) or article 14 of the constitution on account of the interpretation i ..... (1) this is a petition under articles 226 and 227 of the constitution of india, which is concerned with certain rules made in exercise of the powers of the inspector general of registration delhi, under section 69(1)(b) of the indian registration act,1908: the petitioner shri narpat rai sharma is a writer ..... matter came before the high court (in himachal pradesh) it was held that rule 3 (2) was ultra virus and was beyond the rula making power of ..... think that there must be some other meaning to be given to the rules, or otherwise, they are so unreasonable that they cannot be upheld as constitutionally ..... 'this provision indicates that the inspector general cafe make rules concerning the persons who can be document writers, he can regulate the issuing of licenses to them and the conduct of their business and also the scales of fees which .....

L.R. Goyal and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 1991(20)DRJ131

..... the promotion of dr to the post of senior technical officer without completing the period of probation, the respondents in the counter affidavit have referred to the note given at the end of the recruitment rules for the post of sales tax officer which lays down 'in case where an officer is considered for promotion, every officer who is senior to him in the grade from which promotion is to be ..... when the cases, were taken up for hearing before us, it was fairly suggested that the principle laid down in patwardhan's case was unsound and fit to be over-ruled, but no attempt was-made to substantiate the plea.........we are in complete agreement with the ratio decident, that the period of continues officiation on by a government servant, after his appointment by following ..... the rules applicable for substantive appointment, has to be taken into account for determining his seniority; and seniority cannot be determined on the sole test of confirmation for, as was pointed out, confirmation ..... by way of stop-gap arrngement, without considering the claims of all the eligible available persons and without following rules of appointment, the experience on such appointment cannot be equated with the experience of a regular appointee, because the ..... and sewage disposal committee and others v. .....

Govt of Nct of Delhi and ors.Vs. Hc Ram Kumar.

Court : Delhi

..... however, the contention about non-observance of prescribed stipulations under delhi police (punishment and appeal) rule 29(3) by way of a reasoned decision for initiating disciplinary enquiry and not a criminal prosecution with the approval of the additional commissioner of police has not been countenanced factually in the counter reply."8. ..... in response, we may only state that rule 29 (3) of the delhi police (punishment and appeal) rules 1980 requires an application of mind by the additional commissioner of police whether it would be advisable to initiate proceeding before a criminal court or initiate departmental action on the basis of preliminary fact finding report. ..... in para 7 of the impugned order, being that, whether the proceedings were vitiated on account of the disciplinary authority not considering whether it was a case to launch criminal prosecution or take departmental action, a decision required to be taken under rule 29 (3) of the delhi police (punishment and appeal) rules, 1980. .....

Union of India and ors. Vs. Sh.Ved Prakash Sharma

Court : Delhi

..... raised by the petitioners were refuted by the respondent by filing the rejoinder contending specifically that the petitioners have deliberately made a misstatement that they had noted the rule fr 56 (k)(1) as rule fr 56 (k)(l) as the postmaster narnaul, head office who had forwarded his notice dated 8th june 2009 to dps gurgaon in his letter dated 8th june, ..... counsel for the petitioners had contended before the tribunal that the notice dated 8th june, 2009 under fr 56 (k)(1) was not in accordance with the rule , as notice was issued under rule 48 of ccs (pension) rules and since a disciplinary proceeding was contemplated on account of unauthorized absence of the respondent, as such no permission to retire him had been granted and the ..... 19th december, 2006 in the name of sh.manjit singh which was done by the respondent without obtaining any application or prescribed form from the depositor as required under the departmental rules as the depositor had already expired on 18th november, 2006 and therefore, the respondent failed to maintain the absolute integrity, devotion to duty and behaved in a manner unbecoming of ..... tribunal in its order dated 21st july, 2010 has, however, dealt with the case of the respondent, as if the respondent had sought voluntary retirement under rule 48 of ccs (pension) rules which contemplates that on completion of 30 years of service, on a notice given by employee of 3 months, he would be automatically voluntarily retired and only impediment .....

Ram Charan Vs. Uoi and Others

Court : Delhi

..... a case, when a person served with one department for more than 20 years and thereafter joined another service of the state government with due permission, in that case he is governed by the provisions of ccs (pension) rules, 1972 as per which pension is admissible only in cases of retirement on superannuation, voluntary retirement, compulsory retirement (as a result of penalty), retirement on medical grounds etc. 29. ..... 1 and 2 submitted that the grant of pension to civilian government employees is governed by the provisions of ccs(pension) rules, 1972, as per which pension is admissible only in cases of retirement on superannuation, voluntary retirement, compulsory retirement ( as a result of penalty), retirement on medical ..... 1and 2 (air force authorities), this court granted time to place on record the relevant rules to show as to whether a person resigning from service after 20 years service, would be entitled to any part of pensionary benefits ..... only an exception has been made for a limited purpose [under rule 26(2)] that when an employee tenders resignation to take up another appointment with proper permission, he is permitted to count his past service to regulate the consequential benefits, in the matter of pay fixation, carry forward of leave, pension ..... the prayers made before this court earlier, through his application, the petitioner confined his claim to the pensionary benefits, whatever is available under the rules, (for the services rendered by him in the air force). 8. .....

Guru Harkrishan Public School Through Its Managing Vs. Director of Edu ...

Court : Delhi

..... however, the division bench does not discuss in any manner rule 121 including the categorical language therein which provides that only the managing committee is entitled to fix remuneration of a reinstated employee on the appeal of the employee being allowed by the delhi school tribunal. ..... in my opinion, with utmost humility, on a literal interpretation of rule 121, there cannot be any doubt that as a consequence of the delhi school tribunal directing reinstatement of an employee whose services have been terminated, qua such reinstated employee it is only the managing committee of the school which has to make a specific order with respect to salary and allowance for the period of his absence from duty, including the period of suspension.8. ..... these judgments interpreting rule 121 of the delhi school education rules, 1971 holds that it is only the managing committee of the school which will decide this aspect.4. ..... since this issue will come up in a large and innumerable number of cases, therefore, it would be necessary that a larger bench of this court be constituted with respect to the interpretation of rule 121 as to whether a court or the delhi school tribunal can pass orders with respect to back wages of a reinstated employee, although the categorical language of rule 121 specifically gives this power only to the managing committee of the school.9. .....

Mahanagar Telephone Nigam Limited & Another vs.salim Ansari

Court : Delhi

..... (c) no.9160/2015 page 8 of 11 rule 4 (i) (i), (ii) and (iii) of mtnl, conduct, discipline and appeal rules, 1998. 12. ..... by the aforesaid act, the said shri saleem ansari sde has failed to maintain absolute intergrity, devotion to duty and acted in a manner unbecoming of a company employee in violation of rule 4(1)(i), (ii) and (iii) of mtnl conduct, discipline and appeal rules, 1998. ..... saleem ansari, sde (go-101519) has filed (sic) to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a company employee in violation of rule 4(1)(ii) & (iii) of mtnl, conduct, discipline and appeal rules, 1998. ..... by the aforesaid act, the said shri saleem ansari, sde failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a company employee in violation of rule 4 (1) (i), (ii) and (iii) of mtnl conduct, discipline and appeal rules, 1998. 2. ..... the principle of double jeopardy does not preclude subsequent criminal prosecution when the earlier proceedings are civil and not criminal and conversely also the same principle would apply unless there is an express rule to the contrary. ..... rule of double jeopardy is violated when a person tried for the same charge for which he has been tried earlier and has been convicted. .....