Court : Central Administrative Tribunal CAT Delhi
..... he was chargesheeted on 10.01.1994 broadly on the following two allegations:- (i) that while working as udc during 1992-1994 he simultaneously acted as manager to sevti devi memorial vidyalaya, mahavir enclave, palam, new delhi and looked after the day-to-day affairs of the said vidyalaya at the cost of his official duties and the said vidyalaya was a source of income to him. ..... the applicant in his representation took the plea that he was only managing day-to-day affairs of the sevti devi memorial vidyalaya as the honorary manager and was not drawing any honorarium or income from the said school. ..... the aa has come to the conclusion that on the basis of evidence on record, the applicant, in fact, was acting as the honorary manager of sevti devi memorial vidyalaya and was also running the bata agency. ..... mahavir vats place of agency : palam village address of agency : bata agency wz/6037 palam village main road palam colony, new delhi - 110 045. ..... mahavir vats, ex-udc, kvs,hq acted as a honorary manager of sevti devi memorial vidyalaya at mahavir enclave, palam. ..... the vidyalaya is running in the memory of his mother smt. ..... mahavir vats runs bata agency at rz-188, main road, palam colony. ..... at wz-603, palam village, main road, palam colony, new delhi-45 and the said agency was a source of income to him. 2. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... , pw-5 acp o.p.mishra deposed that he had thrown the money in bushes, is concerned, it is a matter of common sense that when witnesses are examined after a lapse of time, they may not give a kaleidoscopic view of the whole event, as memory fades with time. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the fsl report regarding the cd has already been quoted earlier according to which there are some inconsistencies between the video and the memory card and the official court witness has stated that in the absence of original recorded footage or original recording device, it cannot be confirmed that no editing/ alteration/ interpolation/ tampering or deletion ..... it is conceded that some frames at the starting of video clip and at end of video clips of dvc were omitted from the corresponding video clips of memory card but it is the contention of the court witness that the remaining portion was intact which proved that the recording showing the money transaction was genuine and there ..... by the respondents that on account of non-production of original video camera and tapes which provided for a part chance of manipulation as well as non-appearance of main prosecution witnesses, the disciplinary authority did not inflict the severest of punishment but imposed a lighter punishment. ..... no editing/ alteration/ interpolation / tempering or deletion have been observed in the clips recorded in the memory card m-1 to m-5 as such, however, in absence of the original recorded footage or original recording device it can ..... in the inquiry, the complainant shri chetan prakash and some main pws do not turn up and under the provisions of rule 16 (3) of delhi police (punishment and appeal) rules, 1980, the inquiry officer takes into consideration their statements made in a preliminary inquiry conducted by .....
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..... dass, learned counsel for the applicant has challenged the above penalty orders on the grounds, mainly, that (i) the respondents have imposed the penalty of reducing his pay by order dated 10.10.90 from a back date, as this order had only been served on him by the state government on 30.10.90, (ii) that the impugned penalty orders .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... the main thrust of the arguments advanced by applicant shri y.k.mehta in o.a. no. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
1. common grounds and identical issues are involved in these original applications (in short 'oas') and, therefore, they are disposed of together in this consolidated order.2. the reliefs claimed in both the oas are somewhat common. we are extracting hereunder the reliefs claimed in oa 266/94 : (i) quash the seniority lists bearing no. 3/3/86-adm-i (b) dated 25.8.86 (annex. a-4) no. 3/5/91-adm. i(cea) dated 26.9.91 (annexure-a-7) and the seniority list bearing no. 3/1/93-adm. i (cea) dated 4.2.1993 (annexure-a-10), in so far as it pertains to the applicants and respondents 3 to 9 and restore his inter-se seniority in line with their original seniority assigned to him by virtue of his position in merit at the time of his initial appointment batch i.e. restore the position as is reflected by the seniority list no. 3/85/adm. i (b) dated nil may, 1985(annexure-a3). (ii) declare that the applicant continued to maintain his seniority which he originally enjoyed vis-a-vis respondents 3 to 9 notwithstanding the out of turn confirmation/ad-hoc promotion as dd of respondents 3 to 9; (iii) declare that the out-of-turn confirmation as aee's/promotion on ad-hoc basis as deputy directors of respondents 3 to 9 will not confer to them any claim of seniority over the applicant; (iv) declare that the regularisation of the promotion of the deputy director of the applicant and respondents 3 to 9 shall be in the order of their original seniority reflected in the seniority list of 1985 (annexure .....
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..... the official respondents as also the interveners have in their respective counters filed to the main oa vehemently opposed the continuance of the interim order and have laid much emphasis on the point that paras 81.16 and 81.17 ibed separately deal with applicants on the one hand and the persons belonging to the ..... since the pleas raised by the parties in their main pleadings are the same as have been raised by them on thequestion of interim relief the learned counsel for both the parties agreed that this oa may be disposed of at the admission stage itself. ..... this action of the respondents is assailed mainly on the ground that according to the recommendations of the vth central pay commission the said upgradation could have been done only after constitution of subordiante statistial service which, when constituted, would give entry to ..... it is now well-settled that more statutory instructions cannot have the effect of altering or amending the main statutory rules. ..... statutory instructions can be issued only to supplement and not to alter the main rules.15. .....
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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. a both the original applications are directed against the same order and both the applicants were subjected to the same common disciplinary proceedings, they are being disposed of by this common order.2. the applicants in the two oas namely, asi dhan singh and constable hoshiar singh were served with a summary of allegations. after the evidence of the prosecution witnesses was recorded, the enquiry officer framed the charge as follows: "you, inspr. ram narain, no.d-1/29, asi dhan singh, no.2028/sw, hc dilawar singh, ct. kirpal singh, ct. sukh ram and ct. hoshiar singh are hearby charged that while you were all posted in the vigilance staff of south-west distt., you with your mutual connivance extorted rs. 22,000/- from dr. hosiar singh r/o vill. fatehpur fieri, mehrauli, delhi by threatening him that a complaint against dr. hoshiar singh had been received in your office to the effect that he possessed a false qualification certificate. on 13.11.90, you asi dhan singh, hc dilawar singh, ct. sukh ram and kirpal singh visited the clinic of dr. hoshiar singh in vill. fatehpur beri, mehrauli, delhi and threatened him that you would arrest the doctor and his family members and would also seal his clinic as well as his house and thus would ruin his career. you, allegedly brought dr. hoshiar singh to ps vasant vihar, delhi and demanded rs. 40,000/- as illegal gratification from him for his release. you (asi dhan singh, hc dilawar singh, ct. sukh ram and ct. kirpal singh) briefed .....
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1. the applicant in the instant case was working as head constable with delhi police. disciplinary proceedings were initiated against him by issue of summary of allegations on 10.12.1993 which read as under: "it is alleged that h.c. rajbir singh, no. 170/c while posted at p.s. pahar ganj, on 16.8.1993, got the service revolver 38 bore no. 1359 along with 5 live cartridges from p.s. malkhana and took it with him for arrangement duty in connection with independence day. he was supposed to deposit the revolver alongwith ammunitions in proper condition in the p.s. malkhana but he failed to do so. he later reported that the said revolver has been misplaced. this is a serious lapse on his part being a member of police force where vigorous training is given to keep the arms safely. the above act on the part of h.c. rajbir singh 170/c amounts to gross misconduct, negligence, carelessness and dereliction in the discharge of his official duty and unbecoming of a police officer which makes him liable to be dealt under rule 15 of the delhi police (p&a) rules, 1980" 2. after recording of prosecution evidence, a charge was framed against the applicant on 2.5.1994. as far as the defence of the applicant in respect of the charge of loss of his service revolver is concerned, the same is reflected in his reply dated 25.8.1994 at annexure 'm'. the same, inter alia, reads as under: ".....i having full faith and belief in constable salam mohd. as being the police personnel working with me in the .....
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