Court : Central Administrative Tribunal CAT Delhi
1. delhi police (punishment and appeal) rules, 1980 (hereinafter to be referred as the rules of 1980) envisage both preliminary and regular departmental enquiries. a preliminary enquiry is a fact-finding enquiry. its purpose is to establish the nature of default and identity of defaulter, to collect prosecution evidence, to judge quantum of default, and to bring relevant documents on record to facilitate a regular departmental enquiry. resort to preliminary enquiry is made when/where specific information covering the points mentioned above does not exist. in other words, if specific information covering above mentioned points exists, a preliminary enquiry need not be held at all and departmental enquiry can be straightway ordered. however, when resort is made to a preliminary enquiry and that discloses commission of a cognizable offence by a police officer of subordinate rank in his official relations with the public, departmental enquiry shall be ordered after obtaining prior approval of the additional commissioner of police concerned as to whether a criminal case should be registered and investigated, or a departmental enquiry should be held.circumstances in which preliminary enquiry is ordered and if it discloses commission of a cognizable offence by a police officer of subordinate rank in his official relations with the public, the requirement of obtaining prior approval of additional commissioner of police as to whether a criminal case should be registered and .....
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1. the applicant is an irs officer of 1973 batch. during the time of filing the oa, he was working as commissioner of income-tax, appeals, thiruvananthapuram. the next promotional post, which might have been available to him, is that of chief commissioner of income tax.2. in september, 2006, a dpc had been convened. it is averred that later on, the applicant came to know that his name had not been recommended but some of his juniors had been considered for promotion as chief commissioners. as disclosed in the application here, he came to understand that his acr in respect of the years 2002-03 and 2003-04 showed him as 'good' although in the previous years he had been awarded 'very good'. the dpc had taken into consideration the acrs of immediate preceding five years, of all eligibles, and had adopted a criteria of four 'very good' gradings for recommending a candidate as fit for promotion. the entries as above, which downgraded him, saw to it, that he was sidelined. the submissions of the applicant were that such entries had been made out of prejudice and subtle malice, and since only now that it has been brought to his knowledge; it required to be ignored altogether. in respect of 2003-04, the entry had not been subjected to scrutiny by the reviewing officer also, and in any case, it ought not have been taken note of.3. it is not disputed that the entry 'good' for the years 2002-2004, which ultimately had spoiled his cause, had not been brought to his attention at any time. .....
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..... sentry should have been more vigilant towards his duty when the main power/light has gone, but he had left the lockup without informing the do. ..... according to the enquiry officer the main allegations against the applicant and the co-delinquent asi suresh kumar were as under: inspr. ..... 3020/sw main and i.o. ..... the main allegations leveled against the defaulters are as under: const. ..... it mainly relied upon the testimony of pw-8 asi sajjan pal that the condition of the lock up was in a bad shape and the iron angle had become rusted. .....
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justice v. k. bali, chairman: 1. the applicant as his maiden visit abroad to australia to meet his son there, made an application on 3.3.2009 for thirty days earned leave from 16.4.2009 to 15.5.2009. simultaneously, i.e., on the same very day, he also sought permission to travel abroad in the prescribed proforma. admittedly, the applicant was granted leave to travel to australia to meet his son. chief post master general forwarded his application to postal directorate on 12.3.2009, i.e., after nine days the same was made. an endorsement came to be made by director, headquarter at kolkata on the concerned file on 8.4.2009 that no separate noc (non objection certificate) was required for visiting abroad. despite that, the chief post master general would make a note on the same day that noc was needed before the concerned officer was to leave the country. when this note was put up before the applicant, he, under bona fide belief, as is his case, that dopandt instructions dated 1.9.2008 would cover the situation, made an official noting on the file to that effect, on which he was not communicated anything, and proceeded as per the leave programme. the respondents would term the applicant visiting abroad without obtaining noc as delinquency and thus issued to him a memorandum dated 23.10.2009 for holding departmental proceedings for minor punishment under rule 16 of the central civil services (classification, control and appeal) rules, 1965 (hereinafter to be referred as the .....
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..... therefore, we do not find any merit in the third main plea raised by the applicant (para 77 (c)/above), which gets defeated by the application of the principle of acquiescence. 90. ..... the next main contention of the applicant is (d) regarding mala-fides on the part of ddg, iccr. ..... the two main parties to the conflict namely vinod kumar sandlesh, director, icc and shri lalit kumar dixit, tabla teacher are responsible in equal manners for the present situation. .....
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..... its main job is to co-ordinate research on social science subjects. .....
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1. the applicant is aggrieved by the order passed by the respondents dated 7.10.1998 at the instance of respondent 1, that is the general manager, northern railway, transferring him on administrative grounds from delhi division. cpc/mut to ambala division.2. shri b.s. mainee, learned counsel for the applicant, has very vehemently submitted that the respondents cannot transfer the applicant from delhi division to ambala division and the impugned order is illegal arbitrary and discriminatory. he has stated that the seniority of parcel clerks/chief parcel clerks is division-wise and they can only be transferred within the division. the applicant was working as chief parcel clerk (cpc) at meerut cantonment, delhi division when an incident had occurred on 21.8.1998. a person had approached him to book his cycle from meerut cantt to swai madhopur. a sum of rs. 40/- was paid towards freight for the cycle and the applicant had booked it for transportation and gave the receipt to the person concerned. according to him, soon after some persons identifying themselves as vigilance inspectors came to the office of the applicant and had checked his person and recovered rs.23.50p which, he says, is his personal cash.the respondents have, however alleged that a sum of rs. 50/- had been given to the porter named shri ramesh chander which was done at the instance of the applicant. the applicant was placed under suspension on 2.9.1998 which was revoked by letter dated 3.10.1998. the applicant .....
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1. challenge in this o.a. is directed against the order f. no.25013/3/2000-ais (ii) dated 17.7.2000, passed by govt of india, ministry of personnel p.o. & pension, deptt. of personnel and training, which reads as under:- "in exercise of the powers conferred by sub-rule 3 of rule 16 of the all india services (death-cum-retirement benefits) rules, 1958, the president in consultation with the government of himachal pradesh, hereby requires sh. k. lal a member of the indian administrative service, born on the cadre of himachal pradesh, who has already attained 50 years of age, to retire from service in public interest with immediate effect." 2. a cheque for a sum approximate to the aggregate amount of his pay and allowances for a period of three months is enclosed.2. the operation of the above order has been kept in abeyance by the ad-interim direction of this tribunal issued on 28.7.2000.3. heard learned counsel for both sides - shri g.d. gupta along with sh. s.k. sinha for the applicant and s/shri v.s.r. krishna and randhir jain for the respondents i.e. union of india and the govt. of himachal pradesh respectively.4. the arguments canvassed by sh. g.d. gupta, learned counsel on behalf of the applicant are summarised as below: (i) the applicant, born in 1943 and borne on indian administrative service, himachal pradesh cadre, had 27 years of unblemished record of service, with no adverse remark ever having been communicated to him. (ii) his performance in the job was creditable .....
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Reported in : (2005)(1)SLJ280CAT
1. applicant impugns respondents' orders dated 26.7.2001, imposing upon him a penalty of removal from service as well as order dated 29.10.2001, issued by the appellate authority, upholding the punishment.2. on disclosure by one sh. g.r. baru, assistant regional director, employees state insurance corporation (esic) was caught in a trap by the cbi, accepting illegal gratification, on which the applicant was proceeded against in a major penalty proceedings under ccs (cca) rules, 1965 on the following articles of charge: that shri g.c. jatav, while posted and functioning as regional director in employees state insurance corporation (esic), then in regional office, chandigarh during 1996 failed to discharge his duties honestly and exhibited lark of integrity and devotion to duty inasmuch as he directed shri g.r. baru, asstt. regional director, esic, regional office, chandigarh to demand a bribe of rs. 5,0007-from shri jasbir singh, consultant of m/s mander forging pvt. ltd., mohali for showing favour of not prosecuting the managing director of the said company in pursuance of the show cause notice dated 8.1.96 for having contravened the provisions of esic act. consequent to this direction of shri g.c. jatav, a bribe amount of rs. 3,000/- was later on demanded and accepted by shri g.r. baru from shri jasbir singh on 4.4.96 staling that the bribe money is to be shared by him with sh. g.c. jatav, regional director and, thereby, sh. g.c. jatav, committed gross committed gross .....
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Reported in : (2006)(91)SLJ282CAT
1. the question posed in the present o.a. is whether casual labourer is entitled to regularization merely on completion of 206/240 days, as the case may be, in two consecutive years, under dop and to. ms. dated 26.10.1984 and 07.06.1988? 2. this is the second round of litigation. on an earlier occasion 4 applicants as in this o.a., instituted o.a. no. 860/2004 and prayed for regularization of their services in terms of dop and to.m. dated 26.10.1984 read with o.m. dated 7.6.1988 and also based on the decisions of this tribunal in the matters of partnanand v. uoi and ors.(t.a. no. 4157 1986), biswajyoti ghosh and ors. v. uoi and ors. 1994 vol. 1 ati 488 and ashok kumar and ors. v. uoi and ors. (o.a. no.104/2002) wherein it had been held that casual labourers, who had rendered 206 days in two consecutive years, were entitled for regularization. after considering the various contentions raised by the parties, the said o.a. was disposed of vide order at 27.05.2004, with the following observations: 7. on perusal of the facts of the case it is observed that, while it is a fact of record that the applicants had been in the service of the respondents as casual labourers for a certain period, presently they are serving them on contract basis. it is also apparent that the respondents do not have their own establishment and do not make recruitment of their manpower. decisions of the tribunal which have been referred to by the applicants in support of their contention that they be .....
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