Court : Central Administrative Tribunal CAT Ernakulam
..... as regards merits of the matter, it is to be noted that in regard to the nature of appointment, the guidelines attached, vide annexure r-1, vide the preamble thereof (introduction: local cadre) reads as under:- "indian missions/posts abroad are manned by personnel posted from india or on transfer from other indian missions; and by employees recruited locally, who are called locally recruited staff or local employees or local recruits. ..... the applicant was appointed as a clerk typist in the indian embassy at kuwait vide annexure a-1 order dated 15-05-2003 ..... for the respondents submitted that the applicant had been in the habit of overcharging which brings down the reputation of the indian embassy at the foreign land. ..... in other words principle of natural justice is attracted where there is some right which is likely to be affected by any act of the administration including a legitimate expectation. ..... the old distinction between a judicial act and an administrative act has withered away. ..... services are not transferable to india or other indian missions/posts abroad. " 13. ..... applicant has filed this oa seeking the following reliefs:- "(i) an order quashing annexure a6 order; (ii) an order directing the respondents to reinstate the applicant in the post of clerk at the indian embassy, kuwait, forthwith. ..... are specifically excluded from application in respect of cases where the persons are inducted as local candidate in the indian embassies. ..... , the principle implies a duty to act fairly i.e. ..... act, .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... matters which are removed from the jurisdiction of the high court under articles 226 and 227 of the constitution and entrusted to the administrative tribunal (sic) up under the impugned act for adjudication involve questions of interpretation and applicability of articles 14, 15, 16 and 311 in quite a large number of cases. ..... from the preamble to the railway claims tribunal act, which has been quoted and from section 13 dealing with the jurisdiction, powers and authority of the claims tribunal which we have also extracted earlier, it is clear that the ..... the applicant who joined the indian railway accounts service on 4th november, 1957, took voluntary retirement in november, 1989 and was appointed as the member of the railway claims tribunal for a tenure of ..... 386 : (1987 lab ic 222) in answering the question whether the administrative tribunal could be regarded as equally effective and efficacious in exercising the power of judicial review as the high court acting under article 226 and 227 of the constitution. ..... -chairman or other member for which no express provision is available in these rules shall be determined by the rules and orders of the time being applicable to a secretary to the government of india belonging to the indian administrative service." 20. ..... service to the government of union or who render service in connection with the affairs of the union other than the categories of persons exempted in section 2 of the administrative tribunals act, and are paid by the union. .....
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