Court : Central Administrative Tribunal CAT Ernakulam
Hon'ble Dr.K.B.S.Rajan, Judicial Member For certain alleged misconducts in preferring travel claims pertaining to the period of 1989-90 and in preferring an office note in connection with purchase of a photo-maker machine, charge memo was issued to the applicant in 2001 and the applicant had denied the charges. The Disciplinary Authority (Administrator, U.T. of Lakshadweep Islands) which initiated the proceedings continued to act in that capacity till the inquiry report was submitted in August 2002 (whereby all the charges stood proved) and thereafter, by an order passed in April 2006 empowering the Secretary, Information Publicity and Tourism, U.T. of Lakshadweep, the said authority imposed a penalty upon the applicant on the basis of the inquiry report. The earlier disciplinary authority (i.e. the Administrator) functioned as an appellate authority which dismissed the appeal preferred by the applicant. Meanwhile the applicant approached the Tribunal in OA No. 373/2006 which was dis...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE Mr. GEORGE PARACKEN, JUDICIAL MEMBER The applicant is aggrieved by the Annexure A-1 Memo No. F1/Misc/4/06-07 dated 10.6.2008 of the Disciplinary Authority imposing the penalty of recovery of Rs. 2001/-, alleged to have falsely claimed by him in his capacity as SPM, andathode, from his pay in two installments starting from June, 2008 and withholding of one increment for a period of 35 months without cumulative effect from the date of its falling due and the Annexure A-2 Memo No. ST/7-41/2008 dated 30.12.2008 of the Appellate Authority upholding the aforesaid penalty order of the Disciplinary Authority. 2. The brief facts necessary for the disposal of this case : The respondents, according to them, have got an enquiry conducted about the expenditure incurred by the applicant during the months of January/February 2006 on account of cash conveyance. According to them, it was revealed during the enquiry that taxis and autos mentioned in some of his money receipts were not actually u...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER An interesting question arises in this O.A. The substitution of current Modified Assured Career Progression (MACP) takes effect from 01st September 2008 and the earlier Assured Career Progression would be operated till 31st August 2008. If the date of initial appointment of the applicant is taken as 11th June 1984, his second financial up gradation would fall prior to 31st August 2008, whereas if his date of initial appointment is reckoned from 17th October, 1985, the applicant would be covered for the second and subsequent financial up gradations only as per the MACP. The claim of the applicant is that his date of initial appointment shall have to reckon from 11th June 1984 in view of the order dated 20th September 2002 by this Tribunal in OA No. 755 of 2000. 2. The objection of the respondents is that the applicant would be eligible for the second ACP only on 17th October 2009. 3. Counsel for the applicant argued that the period from 11th June...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Hon'ble Mr. K. George Joseph, Administrative Member - 1. This O.A has been filed by the applicant praying for the following reliefs: (i) To call for the records relating to Annexures A-1 to A-8 and to quash A-2 and A-1 to the extent it includes the category of Fire Engine Drivers as the feeder category for the post of Supervisor (Fire), being illegal, arbitrary and against public interest; (ii)To declare that the cadre of the applicant, i.e. LHF(SG) and (OG) alone are entitled to be considered for promotion to the cadre of Supervisor (Fire) being the most experienced from among the cadres of total Fire staff and to direct the respondents to promote them to the ensuing vacancies of Supervisor (Fire), considering their seniority also; (iii)To direct the respondents to regularise the intake of personnel to the post of Supervisor (Fire) by experienced personnel after evaluating all factors, if necessary by amending the Recruitment Rules, in the interest of justice; (iv)To pass any other or...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
DR. K.B.S. RAJAN, JUDICIAL MEMBER 1. The applicant's claim in this case is that he should be granted the financial upgradation as provided for the Assured Career Progression Scheme (ACP Scheme, for short) which is effective from 09-08-1999. As per the said scheme, in the event of a government servant stagnating in the same post, after 12/24 years, he would be considered for such financial upgradation, subject to his being eligible for promotion but could not be promoted due to non availability of vacancies. In case the individual has obtained one promotion, he would be eligible for the second financial upgradation after completion of 24 years from the date of initial appointment. The career map of the applicant as available in the OA is as under:- (a) Joined as Mazdoor in June, 1973, the applicant became Motor Pump Attender (MPA for short) in January, 1979. (b) The applicant was transferred to Port Blair in 1982 and obtained a promotion on 03-02-1986 as Refrigeration Mechanic in the er...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
DR. K.B.S. RAJAN, JUDICIAL MEMBER 1. The chronological sequence of events in this case has neatly brought out in the synopsis can be easily borrowed to have a hang of the case. The same is as under:- 28/03/80 The applicant was appointed as a LDC at Records, the Grenadier, an Army establishment. 1988 The applicant was transferred to DSC Records Kannur. 01/11/97 Applicant was promoted as UDC in the scale of 4000-6000/-. The applicant was granted the 2nd financial upgradation under the ACPS in the scale of 5000-8000/- and her pay was fixed at 01/12/05 Rs.5150/-. The VI CPC report was implemented and the pay of the applicant was placed fixed at Rs.9580/-, the corresponding pay 01/01/06 of Rs.5150/- with grade pay of Rs.4200/-. 18/01/07 The applicant's husband died. 21/10/08 The applicant was granted unilateral transfer on compassionate ground to HQSNC. The applicant joined with HQSNC at NAQAS and as per clause 6 (a) (b) of the transfer order the salary she was drawing in the former post un...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE Dr. K.B.S. RAJAN, JUDICIAL MEMBER The applicant was working as a Post Graduate Teacher (PGT) at Kendriya Vidyalaya, Kozhikode. According to him, certain staff members were not comfortably poised with him, consequent to which some false and baseless complaint was launched against the applicant through a girl student hailing from andhra Pradesh alleging certain indecent behaviour. A fact finding inquiry was conducted which resulted in a summary trial and termination of service of the applicant with effect from 31.03.1995. The applicant was never informed of any of the details, much less was he handed over the alleged complaint and least was he called upon to give any statement. Thus, ignoring and by passing all norms of principles of natural justice, an arbitrary order of termination was passed. The said order has been totally cryptic. The applicant challenged the said order before the High Court of Kerala in O.P. No. 5929/05 wherein, the respondents took up a stand that the appl...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
HON'BLE DR K.B. SURESH, JUDICIAL MEMBER 1. The applicant alleges that discriminatory procedure is adopted in her case since on similar issues while minor proceedings were initiated in identical matter relating to her major penalty proceedings were initiated. She would claim that she was singled out and placed under suspension and proceeded under Rule 14 only for the reason that she preferred a police complaint against one of the Investigating Officers who attempted sexual harassment on her. 2. Applicant would submit that she was asked to meet the Superintendent in the cabin of the Postmaster and that the Postmaster left immediately after she started writing her statement. She would thus allege that the statement was voluntary but that after she completed her statement, sexual advances was made to her and she lost her mental balance thereby and had to be hospitalised. She would now allege that this complaint has been the genesis for such hunting against her and she had been prejudiced t...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Mr. George Paracken, Judicial Member This joint application has been filed by 12 unskilled labourers (regularised) seeking the two fold reliefs as under:- 1. To direct the respondents to regularise their services from the date of their initial appointment on casual basis after condoning the artificial breaks in their services and grant all other consequential benefits flowing in terms of Annexure A-2 "Grant of temporary status and regularisation scheme" issued by DoPT vide OM No.51016/2/90-Estt (c) dated 10.9.1993. 2. To direct the respondents to refix their pay and allowances on their regularisation in terms of Annexure A-6 OM No.49014/4/2007 - Estt. (c), dated 9.5.2008 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training in which it has been decided that "the pay of casual workers with temporary status on their regularisation against Group 'D' posts in identical grades will be fixed after taking into account the increments alread...
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
P.R. RAMAN, JUDICIAL MEMBER1. The applicant is presently working as Accounts Officer, Cochin in Defence Accounts Service. He joined the service as Auditor at Area Accounts Office, Shillong Meghalaya on 09.01.1980. He had to his credit 30 years of service. During the period he had been working at various hard stations like andaman Islands, Port Blair etc. Last of his transfer to a hard station is to Port Blair by Annexure A-1, as per which he had been assured that he will be repatriated to his choice station after completion of three years. As a matter of fact, the applicant had completed more than three years at Port Blair at the relevant time when he was transferred to Cochin. But according to the applicant his choice station was Trivandrum. Therefore, going by Annexure A-1 and the relevant transfer policy, he is contending that he may be posted at his choice station. Therefore, he seeks for an appropriate direction to the respondents to transfer him to a suitable place at Trivandrum....
Tag this Judgment!