Court : Central Administrative Tribunal Principal Bench New Delhi
..... further, the primary object of placing an employee under suspension is to prevent the delinquent officer from influencing the witnesses or tampering the record of enquiry and in public interest keeping in view of the gravity or seriousness of the charges. ..... the question of right to be considered for promotion would arise only when an employee fulfills the requisite criteria in terms of the recruitment rules. ..... it is not the case of the applicant that there is no work in the post of osd (coordination) or that the said work was hitherto was performed by a lower grade officer or that his pay was in any way reduced. ..... it should be clearly understood that transfer and posting of officers is the sole prerogative of the executive/department and no individual can insist for a particular seat as a matter of right. 9. ..... electrical inspector is that he is senior most ex cadre officer in the electrical inspectorate, and that he should be promoted as electrical inspector. ..... as per the recruitment rules (notification dated 12.03.2004) for the post of electrical inspector in the office of the labour commissioner, department of labour, govt. ..... later, in modification of the said order, the applicant was posted as osd (coordination) [labour welfare] to coordinate activities of the labour welfare centers by office order dated 18.05.2011. 4. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... inspector on whose behest the charge sheet has been issued to the applicant and, therefore, the enquiry was not held in the matter in an impartial manner, (iv) in spite of the objection raised by the applicant, the enquiry officer continued the enquiry dismissing the same on the ground that hundreds of the inquiries have been held by cei (hq) working in the vigilance branch in all those cases where vigilance angle was involved. 9. ..... in the context of the rules, the appellate authority was required to see as to whether (i) the procedure laid down in the rules was complied with; (ii) the enquiry officer was justified in arriving at the finding that the delinquent officer was guilty of the misconduct alleged against him; and (iii) whether penalty imposed by the disciplinary authority was excessive. 14. ..... when there is no evidence to prove the charge, the findings of the enquiry officer becomes perverse and the penalty imposed upon the delinquent employee based on the said findings becomes unsustainable. 21. ..... in the absence of a precise indication about the identification about the placement of the inquiry officer, either in the pleasing or in the course of presentation, we feel justified in holding that there is force in the plea on behalf of the applicant that the inquiry officer was a part of the vigilance dispensation and he could not have, thus, conducted the inquiry in the context which was based upon allegations of corruption against the applicant for which a trap had been .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... in this notification various officers/employees have been notified to perform statutory functions ..... disputed by the official respondents who have stated in their reply that the functions of junior biochemist in toxicology and scientific officer (chemistry) in that division of cil were complementary and supplementary so far as conducting of analysis of insecticides are concerned. ..... 2.2 the applicants have gone on to state that assistant director (chemistry) and scientific officers were discharging the statutory duties as per the insecticide act, 1968, whereas junior biochemist was not notified to ..... they have submitted that there were five posts of scientific officer in chemistry division whose pay scales were revised to rs.15600-39100 + grade pay of rs.5400 by ..... the functions of junior bio-chemist in toxicology and scientific officer (chemistry) in chemistry division of cil are complementary and supplementary so far as conducting of analysis of ..... for this reason the v cpc recommended merger of scientific officer and assistant director (chemistry), it did not recommend merger of junior ..... requirement related to analysis of pesticide is sufficient to en-cadre the post of junior biochemist in toxicology division in the organized cadre of scientific officer (chemistry) re-designated as assistant director (chemistry) of cil. ..... requirement related to analysis of pesticides is sufficient to encadre the post of junior biochemist in the organized cadre of scientific officer re-designated as asstt. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... the first place, no direct recruitment could have been made on a post on cdc basis and secondly, in terms of fr 49, where a government servant is formally appointed to hold full charge of the duties of a higher post in the same office as his own and in the same cadre/line of promotion in addition to his ordinary duty, he shall be allowed the pay admissible to him, if he is appointed to officiate in the higher post, unless the competent authority reduces his officiating ..... ors (aislj vol.57 1995 (3) 152) wherein it could be viewed that once it is held that the appointment of the appellant was in excess of the quota fixed for promotees and officers appointment by transfer, the said appointment has to be treated as a regular appointment only when a vacancy was available against the promotion quota against which the said promotion could be regularized. ..... case the issue before the honble supreme court was of seniority, but it could be viewed that the continuance of an employee against a post in excess of the quota does not confer upon him/her any right. ..... once it is held that the appointment of the appellant was in excess of the quota fixed for promotees and officers appointed by transfer, the said appointment has to be treated as an invalid appointment and it can be treated as a regular appointment only when a vacancy is available against the promotion quota against which the said ..... submitted that in the current duty charge employee is being paid salary of his substantial ..... an employee no. .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... dated 04.03.2009 to the depot manager (annexure a-8) stating that while he was in hiding after filing of the fir, he had kept on pleading with the senior officers of the police regarding his innocence, and when in the end he had been found to be innocent, he had prayed with the respondents for taking him back ..... pointed out that even in the past 27 acrs of the applicant, 16 acrs contained adverse entries given by different officers, and the applicants past record showed his one time punishment of censure and one time punishment of stoppage of two ..... annexure a-9 dated 27.03.2009, pointing out that while on the one hand the police had earlier declared the applicant to be an absconder, and now that the concerned employee had filed certain documents, a confirmation was required as to whether through any order of the court, or any report of the inquiry officer, he has been let out of the case, or not. ..... sardar singh 2004 (7) scc 574 held that when an employee himself absents from duty without sanctioned leave for very long period, it prima-facie shows lack of interest in work, and the authority can then, on the basis of the record, come to a conclusion about the employee being habitually negligent in his duties, and having exhibited ..... the applicant has assailed the actions of the respondents stating that the enquiry officer has not taken into account the fact on record that he was on duty as on the date 08.03.2007 when he was falsely implicated in the criminal case, and that thereafter .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the courts should approach such matters with restraint and interfere only when they are satisfied that the decision of the government is patently irrational, unjust and prejudicial to a section of employees and the government while taking the decision has ignored factors which are material and relevant for a decision in the matter. ..... para 32 of full bench judgment reads as under:- while there is no doubt that employees similarly placed are entitled to similar treatment and no doubt some stenographers grade ii/assistants in non-secretariat offices have been extended the benefits of o.m.dated 31.7.90, we notice that the grant of the higher scale of rs.5500-9000 to applicants w.e.f. ..... union of india (1987) 1 jt 146 : (air 1987 sc 485), this court on the facts of that case found that among the employees of the central bureau of investigation, there are two classes of officials deputationists and non-deputationists amongst sub-inspectors, inspectors and deputy superintendents of police. ..... sc 1291), honble supreme court delivered detailed judgment on 5.5.1988, taking the view that as a general statement, it is correct to say that the basic nature of stenographers work remains by and large the same whether he is working with an officer in the secretariat or with an officer in the subordinate office but the size of a stenographers job is very much dependent upon the nature of work entrusted to the officer with whom he is attached and it would not be correct to go merely by the status of the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... delay; the cooperation extended by the charged official in disposal of the proceedings; the overall effect that it would have on the subject organization; the quantum of hardship and mental agony suffered by the changed officer on account of domical sword hanging over his head; the prejudice caused to the applicant for reason of documents not becoming available or the important evidence of ground becoming obliterated; unavailable of major witnesses while taking ..... though finding recorded in the domestic enquiry was found to be valid by the courts below, when there was an honourable acquittal of the employee during the pendency of the proceedings challenging the dismissal, the same requires to be taken note of and the decision in paul anthony's case ..... of justice weighs overwhelmingly on side of the charged employee the decision will also lean in his favour. ..... there the case was more serious as the employee was trapped in a vigilance case but was ..... created if in the departmental proceeding, on the same and identical charges in which the delinquent employee is acquitted by the court, by taking into consideration the deposition of the same witnesses the delinquent employee is held guilty. ..... is unexplained prejudice to the delinquent employee is writ large on the face ..... the delinquent employee has a right that disciplinary proceedings against him are concluded expeditiously and he is not made to undergo mental agony and also monetary loss when these are unnecessarily prolonged without any .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... 2367/2012) the administration of daman and diu, department of personnel and administrative reforms has expressed that the said administration had no ex-cadre post meant to be officiated by danips officers and it is difficult for the administration to pay the salary to the jag level of danips officer and (ii) letter dated 1.11.2010 (annexure a-5 to oa 2368/2012) wherein it is indicated that the ministry of finance ( department of expenditure) had not agreed to the ..... in counter reply filed on behalf of respondents (i) the ddanddnh administration vide his letter dated 23.06.2012 had sent requirement of 2 jag level officer of danips, (ii) the lakshadweep administrator vide its letter dated 22.03.2012 had requested that in view of coastal security upgradation in the light ..... be done by the minister himself or by the secretary himself, the rest of the business can be done by any of the officers of the usual hierarchy in the ministry, starting at the bottom with the under secretary and ending at the top with the secretary. ..... view regarding utilization of the services of the employee/officer subjected to its command and control. ..... 1 ( see rule 1) which suggests that most of the duty post in jag gr.i or ii are in delhi and in practice the danips officer in said grade are not normally posted to outlying segments need to be considered by the competent authority in the helm of affairs to take best decision keeping in view the interest of administration and welfare of individual employee as well. 8. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the correct projectives furnished in pro forma and the material would lend credence and give an assurance to properly consider the claims of the social status and the concerned officer or authority would get an opportunity to test the claim for social status of particular cast or tribe or tribal community or group or part of such caste, tribe or ..... other words, once the caste certificate scrutiny committee finds the caste certificate of an employee false and bogus, he is liable to be terminated without availing the protection under ..... state of kerala and others and vimal ghosh versus state of kerala and others [(2004)-2-scc-105] wherein the applicant vishwanatha pillai was police officer who had gained entry into the service on the basis of a false caste certificate. ..... a query that whether in departmental proceedings, order of dismissal/removal from service of an employee appointed on the basis of false/bogus caste certificate is sustainable or not. ..... such committee provides that the social status certificate would be issued by sub-divisional officer, deputy collector or deputy commissioner on the basis of an affidavit filed by the parent/ guardian or the candidate giving the details of the tribe to which he/she may belong, six months in advance from the date of ..... in such circumstances, the question whether the delinquent employee is a civil servant of the union of the state no ..... rules, 1965 were created to give effect to the rights provided to a government employee under article 311. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... a perusal of the said enquiry report reveals that after analysis of the matter, including whatsoever evidence was available on record, the enquiry officer came to the conclusion that on the basis of the photocopy of the casual labourer card he was convinced that the applicant had actually worked with the respondents for the period ..... agreement on 1.6.1987 with the automobile association, stipulating therein that the relationship of the aaui with the members of the car parking attendants - association would not be that of employer and employee and the union was required to take an undertaking from all its members in this regard. ..... by the enquiry officer are in favour of the delinquent and it has been held that the charges are not proved, it is all the more necessary to give an opportunity of hearing to the delinquent employee before reversing those findings ..... above, a delinquent employee has the right of hearing not only during the enquiry proceedings conducted by the enquiry officer into the charges levelled against him but also at the stage at which those findings are considered by the disciplinary authority and the latter, namely, the disciplinary authority forms a tentative opinion that it does not agree with the findings recorded by the enquiry officer. ..... stage that the delinquent employee should be given an opportunity of hearing after he is informed of the reasons on the basis of which the disciplinary authority has proposed to disagree with the findings of the enquiry officer. .....
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