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Judgment Search Results Home > Cases Phrase: legal tender inscribed notes act 1964 Court: central administrative tribunal cat delhi Page 1 of about 17 results (0.104 seconds)

Sep 23 2005 (TRI)

Pushpender and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(91)SLJ238CAT

..... state of karnataka and ors.article 309 of the constitution has offended to the statutory act i.e.fire force act 1964 in karnataka and clearly laid down the preposition that once a legislation intervenes to an act relating to the conditions of service, the power of execution to display it would offend to ..... another ground raised is that the respondents have taken undue haste after promulgation of the amended rules in march, 2003 to hold the dpc and promote the incumbents, which act of the respondents shows a favoritism to a class depriving the vested rights of the applicants.undue haste is not by itself illegal unless shown to be mala fide.after promulgation of the amended rules in 2005 ..... justifying the fee levied by them the board contended that it had to render multifaceted and multitude of services contemplated under section 11(2) of the act which included the following mandatory duties under the act: 11(2): (a) regulating the business in stock exchanges and any other securities markets; (b) registering and regulating the working of stockbrokers, sub-brokers, share-transfer agents, banks to an issue, trustees of trust deeds, registrars to ..... it is well established in law that the right to be considered for promotion on fair and equal basis without discrimination may be claimed as a legal and a fundamental right under articles 14 and 16 of the constitution but chances of promotion as such cannot be claimed as of right (see ..... can also participate in the tender process and get his bid .....

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Jan 13 2012 (TRI)

Surinder Singh Vs. the Secretary, Ministry of Defence (Finance), New D ...

Court : Central Administrative Tribunal CAT Delhi

..... the trite law is that nothing precludes the disciplinary authority to take a tentative view and after accord of reasonable opportunity to the delinquent to take a final decision whereas the disagreement notes in both cases show that whatever has not been fully proved and disproved by the enquiry officer, the disciplinary authority considered the charge proved and thereafter accorded an opportunity to comment to the ..... the charge against the applicant was that he did not maintain absolute integrity and conducted himself in a manner unbecoming of a government servant thereby attracting the provisions of rule 3 (1) (i) of ccs (conduct) rules, 1964 on different counts and the five articles of charges framed against him were as under: article-i that the said shri surendra singh, sa while functioning as sa in m section during the period 16.6.94 to 22.8.95 ..... 8.6, chapter xii of the vigilance manual, vol.i, provide that the advice tendered by the central vigilance commission is of a confidential nature meant to assist the disciplinary authority and ..... the high court has noted the definition of misconduct in stroud's judicial dictionary which runs as under: "misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or ..... counsel for the applicant though taken several legal pleas yet, while referring to the ..... this tribunal further affirmed the same legal position in the order dated ..... penalty imposed upon him does not suffer from any legal infirmity. .....

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Feb 08 2008 (TRI)

R.K. Gupta S/O R.S. Gupta Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... case, including the advice given by the upsc as also the opinion given by the dop&t, the president decided to disagree with the advice of the upsc on the ground that the rules of 1964 are issued in public interest to regulate the conduct of a government employee, and since they are notified under article 309 of the constitution, they have the force of law, and these conduct rules ..... 25.8.87 without according formal permission at this stage.the file was processed further and the official/officer dealing with the matter vide note dated 21.10.1988, after mentioning about the employment of the wife of the applicant with foreign mission, stated that 'admn.ii may please have this case reviewed in the ..... the interim order may not be binding, it would be yet appropriate to mention that it was observed by the bench that the later instructions of 1980 or 1982 or 1987 could not be made legally applicable in the applicant's case as the act of omission or commission related to an event happening prior to 27.5.1980 government instructions in operation as on 2.4.1980, i.e. ..... the absence of consultation or any irregularity in consultation process or furnishing a copy of the advice tendered by upsc does not afford the delinquent government servant a cause of action in a court of ..... it has been mentioned in the order that advice tendered by the commission was that even though the charge against the applicant stood proved on the basis of evidence adduced during the course of enquiry, but taking into .....

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Dec 20 2006 (TRI)

M.L. Kararwal Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)(2)SLJ261CAT

..... the letter dated 07.02.2005 was finally delivered to the applicant on 04.10.2005 by the delhi police.the disciplinary authority, taking into consideration the facts and circumstances of the case, including the note of disagreement recorded by the disciplinary authority and earlier replies of the applicant dated 21.05.2003 and 02.06.2003, came to the conclusion that the article i of the charge relating to marrying ms. ..... rajinder nischal, the learned counsel for the applicant stated that the root cause of the problem in the present case was the advice tendered by the ministry of law dated 11.10.2004 as follows: ...whatever evidence has been recorded/taken by the inquiry officer during the proceedings in accordance with the procedure established by law, appears to have not been interfered with by ..... of sw-13, sw-14 & sw-15 and sequence of the events stated to have taken place at the time of ceremony, sufficient evidence exists to hold that the applicant had entered into a marriage with another person during the life time to his legally married wife.upsc held the charge against the applicant in article-i as proved and found him guilty of contravening the provisions of rule 21 of the ccs (conduct) rules, 1964. ..... certain other acts too, on the part of the applicant, imply that he had no objection to the disciplinary proceedings being continued from the stage where they had concluded in the first enquiry [para 1.7 (a), para 1.9, para 4.1 of the report of the .....

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Feb 13 2007 (TRI)

N. Mohammad, Jag Danics Project Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)(3)SLJ1CAT

..... xxx(2) xxx xxx xxx(3) xxx xxx xxx (4)(i) no government servant shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf,- (a) lend or borrow or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company within the local limits of his authority or with whom he is, likely ..... learned counsel stated that present is a case of no misconduct, as the applicant has been alleged to have violated rules 16and 18 of the ccs (conduct) rules, 1964 (hereinafter referred to as "conduct rules") whereby a previous sanction is required for any investment by the government officer, which has been complied with in the present case and in acquiring immovable property ..... as the advice of the upsc has not been admittedly tendered to the applicant along with the final order, there has been a deprivation to the applicant of reasonable opportunity, as this additional material of disagreement by the upsc has weighted in the minds of ..... we proceed to take up the question whether any misconduct is attributable to him or validly established in law, the legal infirmity cropped up in the proceedings are relevant to be highlighted. ..... acts failed to maintain absolute integrity and acted in a manner unbecoming of a government servant and thereby violated the provisions of rule 3(i) and (iii) and rule 16(4) of the ccs (conduct) rules, 1964 ..... note ..... note ..... note .....

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Oct 08 2007 (TRI)

Dr. P.K. Seth Vs. the Secretary and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2008)(2)SLJ304CAT

..... learned counsel for applicant, at the outset, states that non-supply of upsc advice and the advice tendered by cos where on the quantum of punishment there has been a disagreement with upsc and cvc, non-supply has, therefore, deprived a reasonable opportunity to the applicant, which in turn, constitutes an infraction to the principles of ..... and the programme was never termed as 'news bulletin' which has been done for the first time only in march, 1999 when the prasar bharati could not succeed in the first legal battle which continued from the hon'ble high court to the hon'ble supreme court from sept. ..... light of above, the applicant, who has been functioning as ddg(f), initiated a note in 1999, which could not have been acted upon till it gets the approval of the prasar bharati. ..... for example, rule 3 of the central civil services (conduct) rules, 1964 which occurs under the heading "general" provides that every government servant shall at all times:inspector prem ..... for example, the central civil services (conduct) rules, 1964 contain provisions which pertain to the standards of conduct which government servants (within the meaning of those rules) are to follow whereas the central civil services (classification, control and appeal) rules, 1965 ..... failed to maintain absolute integrity, exhibited lack of devotion to duty and acted in a manner unbecoming of a government servant, thereby, contravening the provisions of rules 3(1)(ii), 3(1)(iii) of central civil services (conduct) rules, 1964.7. .....

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Sep 19 2001 (TRI)

Dr. Y.R. Midha Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

..... circumstances of the present case where the applicant who has refused to be a party in the payment made to the swiss firm, which has not even completed its contract and found to have acted against the norms as decided by the committee as well the cag without certification and having regard to the fact that his son was working in the swiss firm accorded the payment and has not ..... wherein the applicant has been charged for unauthorisedly securing possession and communication of contents of official documents, including letters and notes and files to persons to whom he is not authorised to communicate and has been alleged to have violated the provisions of rule 11 of the ccs (cca) rules, 1965 and has also acted in a manner unbecoming of a government servant as despite his suspension he refused to obey the repeated instructions to return the ..... liability as per the contract and inter alia bringing on record the fact of r 3' s son being employed there and having his interest in the contract who was called without any tender and despite the availability of staff with the cag to conduct the same makes the disciplinary authority, i.e. ..... according to him the charge is not legally sustainable as from the perusal of the articles of charge as well as the imputation no misconduct is ..... to issue a chargesheet to the applicant immediately on the allegations which even do not, to our considered opinion, form a misconduct as defined under ccs (conduct) rules, 1964 and also in view of the ratio of j. .....

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Jan 03 2012 (TRI)

S.K. Sinha Vs. Union of India Through the Secretary (Revenue), Ministr ...

Court : Central Administrative Tribunal CAT Delhi

..... dispose off 5 lots of ball bearings, and that too in an irregular manner, inasmuch as, instead of taking steps for auctioning the said seized ball bearings, he had arbitrarily decided to issue one tender notice no.02/96-97 dated 21.06.96 for the purpose of disposal of the said goods, which was contrary to the instructions contained under paragaraph 16 of cbrs f.no.11/6/61-cus.iv dated 13.06.1961. ..... (a) dated the 13th december, 1956 states that an order of censure is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to censure unless it is intended to be such a formal punishment and imposed for ..... while working as assistant commissioner of bareilly customs division initiated the proceeding for disposal of unclaimed and confiscatable ball bearings through tender with prior intimation to the commissioner, instead of adopting auction as the method of disposal. ..... from a careful examination of the pleadings and inquiry report in specific, we note that there is no malafide intention on the part of the applicant nor any motive has been established to prove ..... the applicant for his above action is legally unsustainable as he has not committed any ..... then assistant commissioner of bareilly customs division (now joint commissioner) has contravened the provisions of rule 3(1)(i), (ii) and (iii) of ccs (conduct) rule, 1964. 6. .....

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Feb 26 2003 (TRI)

S.R. Arya Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2004)(3)SLJ222CAT

..... order.no doubt, the upsc has stated that they had earlier considered a similar representation made by the applicant along with all other aspects relevant to the case before tendering their advice dated 17.3.1998 and have observed that there has not been any material change in the case against the applicant since then. ..... submissions made by the learned counsel for respondents that under sub-rule (23) of the rules, clauses 1 to 6 are also fully applicable to the facts in this case, as the act or conduct of the applicant which has led to his conviction by the competent criminal court, is certainly prejudicial to the interests or reputation of the master, i.e. ..... 's case (supra) relied upon by the applicant does not assist him because the hon'ble supreme court has observed clearly that "moral turpitude" is an expression which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. ..... hon'ble high court, vide its order dated 29.8.2001 has noted that while the matter was under consideration by them, the ..... , the ccs (cca) rules, 1965 and ccs (conduct) rules, 1964, copies of which have been annexed to the representation submitted by the applicant dated 31.12.2001, there is no such thing as any misconduct in the facts applicable ..... under rule 3-b of the ccs (conduct) rules, 1964 from which admittedly the learned counsel for applicant had taken extracts, which are given in annexure a-7 to the representation .....

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Jan 21 2008 (TRI)

Bachi Ram, Senior Auditor Vs. Director General of Audit,

Court : Central Administrative Tribunal CAT Delhi

..... to furnish the requisite intimation regarding financial transactions to the competent authority, shri bachi ram has violated rle 18(3) of ccs (conduct) rules, 1964.the applicant candidly admitted all articles of charge against him vide memo dated 3.6.2005 and only prayed to be pardoned vide his reply dated 1.7.2005 ..... with a view to examine the only contention of the learned counsel representing the applicant, as noted above, it would be appropriate to find out the four articles of charge that came to be framed against ..... the articles of charge against shri bachi ram related to lack of integrity and acting in a manner unbecoming of a government servant, by submitting forged certificates and false declarations to banks and cooperative societies for ..... the disciplinary authority considered the unconditional apology tendered by the applicant but did not accept the same, as in its view the misconduct indulged in by the applicant would not lessen the gravity of charges, especially when it is related to repeated breach of integrity by submitting forged ..... habitual indebtedness and failure to intimate this office regarding legal proceedings initiated against him for recovery of loan, shri bachi ram has violated rule 17 of the ccs (conduct) rules, 1964. ..... rule 4 (1) (i) of the ccs (conduct) rules, 1964 which regulates the conduct of government employees enjoins upon every employee to maintain absolute integrity ..... also did not inform this office about several legal proceedings initiated against him. .....

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