Court : Allahabad
Reported in : 2007(4)AWC4061
..... to as the rules) insofar as it relates to levy of excise duty on unlifted quantity of quota as ultra vires the u.p. excise act, 1910 and for quashing of the notice issued by the authorities demanding deposit of excise duty on the unlifted quantity of country liquor by the respective petitioners. civil misc. writ petition no. 171 of 2002 is ..... . sri k.d. misra, learned counsel submitted that the licence granted to the petitioner is against the statutory provisions i.e. sections 10 and 24 of the u.p. excise act. in the instant case no concluded contract has come into existence and in any event as the petitioner was not in a position to bargain with respect to the conditions .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(115)FLR647]; (2008)ILLJ930All
..... therefore responsibility of the petitioner was different than those in respect to whom punishment of deduction of five increments has been imposed by the appellate authority. therefore, the plea of discrimination in the matter of punishment also does not sustain since the said employees were working in different capacity than ..... replied both the charge sheets. alter holding departmental inquiry in respect of both the charge sheets, enquiry officer submitted his report, where after the disciplinary authority imposed punishment of dismissal vide order dated 21st october 1994 and the petitioner's appeal against the said order was dismissed.3. sri v.c. mishra ..... loss or profit resulted in case, when the officer/employee acted without authority. the very discipline of an organization more particularly a bank is dependent upon each of its officers and officers acting and operating within their allotted sphere. acting beyond one's authority is by itself a breach of discipline and is a misconduct .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3209
..... p. financial corporation v. gem cap (india) pvt. ltd. : [1993]2scr149 , observed as under (para 11 of air):the obligation to act fairly on the part of the administrative authorities was involved to ensure the rule of law and to prevent failure of justice. this doctrine is complementary to the principles of natural justice which the ..... parliament appointed to take the decision. within the bounds of legal reasonableness is the area in which the deciding authority has genuinely free discretion. if it passes those bounds, it acts ultra vires. the court must therefore, resist the temptation to draw the bounds too tightly, merely according to its own opinion. it ..... must strive to apply an objective standard which leaves to the deciding authority the full range of choices which legislature is presumed to .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(115)FLR438]; (2008)ILLJ333All
..... scale-ii of the bank. after receipt of the inquiry report the petitioner submitted a detailed representation dated 5th july, 1999 to the disciplinary authority the disciplinary authority vide order dated 30th august, 1999 passed an order directing removal of the petitioner from service of the bank which would also disqualify him for ..... the impugned order dated 30th august, 1999 is annexed as annexure-'6' to the writ petition. it is further alleged by the petitioner that the disciplinary authority without considering the inquiry officer's report dated 12th june, 1999 and the representation of the petitioner dated 5th july. 1999, has passed the impugned ..... proceeding, the petitioner submitted a detailed written brief on 30th april, 1999. the inquiry officer after completing the enquiry submitted his report to the disciplinary authority on 12th june, 1999 holding that majority of the charges levelled against the petitioner in the charge sheet dated 10th october, 1994 were not filly proved .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(118)FLR629]
..... read with the provisions of sections 106, 107 , 108-a, 109, 112-a and 112(3) of the u.p. municipal corporation act the authorities of corporation/nagar nigam shall be guided by directions issued on the questions of policies given by the state government. the government order of 1981, 1984 etc. in ..... of public health department sent on deputation under proviso to section 107(1) of the u.p. municipal corporation act and is directly under control of the chief medical officer. the nagar swasthya adhikari is not the appointing authority of the petitioners, hence the appointment letters appended as annexures 1 and 2 to the writ petition cannot be read ..... appointing authority.while granting time to file counter affidavit and rejoinder affidavit the court granted interim order dated 3.2.1997 staying the operation of the impugned order dated 6.1.1997.6. in para 3 and 4 of the counter affidavit filed by nagar nigam, varanasi it is averred that nagar nigam/nagar mahapalika does not act independently .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3591; [2007(115)FLR150]
..... to the initial action or the commencement of the action. it is entirely different from continuance of an action already initiated. if the intention of the rule making authority had been that an enquiry instituted against an officer while in service should not proceed after his retirement, same with the sanction of the governor, then the proviso ..... caused unnecessary expenses on the revenue. the charges therefore, levelled against the petitioner do not satisfy he requirement of article 351 of csr. in our view an act on under article 351a is permissible only when chares against the retired government servant are found provide, which are either in the nature of grave misconduct or have ..... cca rule 1930 as it was applicable at that time. the said rule reads as under:55 (1) without prejudice to the provisions of the public servants inquiries act, 1850 no order (other than an order based on facts which had led to his conviction in a criminal court or by a court martial) of dismissal removal .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)13VST429(All)
..... t. open clamps a-type but is not covered by the decision in the case of ravi industries . the contention of the dealer in the present case before the appellate authority and the tribunal was that the goods involved, i.e., l.t. open clamps a-type were to be treated in the category of iron and steel and not that ..... 'cast iron', he manufactures several goods like man-hole covers, bends, cast iron pipes, etc. in other words 'cast iron' used in item (iv) of section 14 of the central act is the material out of which the petitioner's products are manufactured. position remains the same, even if the appellant purchases iron and mixes it with carbon and silicon thereby ..... was dismissed by the assistant commissioner (judicial) by order dated may 3,1990. however, in second appeal the tribunal though held that the proceedings under section 21 of the act were valid but allowed the second appeal of the dealer only to the extent that the rate of tax applicable on sale of such goods would be four per cent .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3916
..... . the application filed by the petitioner for compounding the construction raised in contravention of the sanctioned plan must be examined by the vice chairman of the allahabad development authority as provided under section 32 of the act.17. in view of the above, we dispose of the petition requesting the respondent no. 3 to consider the application filed by the petitioner for, compounding ..... contravention of the sanctioned plan in view of the provisions of section 32 of the u.p. urban planning and development act, 1973 (hereinafter referred to as the act of 1973). the application of the kind, referred to above, is decided by the vice chairman of the development authority and person aggrieved, by the order passed by the vice chairman under section 32 of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3602; [2007(115)FLR523]
..... is being reproduced below:2(b) 'public servant' means every person in the service or pay of(i) the state government; or(ii) a local authority not being a cantonment board; or(iii) any other corporation owned or controlled by the state government (including any company as defined in section 3 of the companies ..... misra, learned counsel appearing on behalf of management, so far as payment made by state government is concerned, chapter xl-a of the u.p. state universities act clearly provides for payment of salary to teachers and other employees of degree colleges. there are various categories of degree colleges including degree colleges maintained exclusively by the ..... to the writ petition) deciding issue no. 2 and allowing the preliminary objection filed by the defendant that suit is cognizable under u.p. public services (tribunal) act, 1976.2. heard learned counsel for the parties.3. learned counsel for the petitioner urged that finding of the civil judge (junior division) that petitioner is a .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3181
..... is constitutional anethama. vide e.p. royappa v. state of tamil nadu : (1974)illj172sc ; smt maneka gandhi v. union of india and anr. : [1978]2scr621 ; ghaziabad development authority v. delhi auto & general finance pvt. ltd. and ors. : [1994]3scr248 ; and ku. shrilekha vidyarthi v. state of u.p. and ors. : air1991sc537 .32. ..... it was passed in contravention of the principles of natural justice.27. when the statute provides for a particular procedure, the authority has to follow the same and cannot be permitted to-act in contravention of the same. it has been hither to uncontroverted legal position that where a statute requires to do a ..... 1975]2scr674 , the supreme court observed that where government activity involves public element, the 'citizen has a right to gain equal treatment', and when 'the state acts to the prejudice of a person, it has to be supported by legality.' functioning of 'democratic form of government demands vequallty and absence of arbitrariness and discrimination.'30 .....
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