Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... he ignored the fact the since i have working on the post of stage assistant to the satisfaction of my controlling officers, according to the requirements of the post and the division, it cannot be held that the charge is proved partly ..... it is completely within the domain of the disciplinary/appellate authority to decide whether act of an employee amounts to misconduct and if so what kind of proceedings, minor penalty proceedings or major penalty proceedings, are to be initiated against ..... again, it is for the said authorities to decide whether the employee concerned is to be punished or not and if he/she is to be punished, what penalty has to be imposed upon ..... not possess the second essential qualification (professional qualification) required for the said post, the committee of two officers constituted for the purpose of scrutiny of applications of prospective candidates comprising (1) smt. ..... if the allegations are proved, such employees have no place in service. ..... be any valid objection to the proposition that an employee not qualified to be appointed as per the relevant recruitment rules, even if appointed for whatever reasons, cannot be allowed to continue in service to the disadvantage of fellow employees. ..... the fellow employees have no role in the said decision-making process and, therefore, it ..... at the outset that, generally speaking, an employee has no right or locus to call in question the decisions of the authorities in the disciplinary proceedings in respect of a fellow employee. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... of the 5th cpc to introduce the acp scheme was accepted by the union of india, and the scheme was started for granting two financial upgradations to group b, c and d employees, on completion of 12 years and 24 years of regular service respectively, provided they fulfilled all the requisite qualifications and eligibility for grant of promotions themselves, but were being denied such promotion due to ..... annexure r-1) itself states, the intention of the union of india for granting this acp scheme was as a safety net to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues, because of which, even after having granted the monetary benefits of revised pay scales under the fifth central pay commission (5th cpc), the further recommendation ..... reference is invited to the department of personnel and training (d0pt)'s office memorandum of even number dated the l9th may, 2009 regarding the ..... further clarifications received from circle office, delhi circle, new delhi- ..... vide your office letter cited ..... class iv cadre (packer) at new delhi headquarter in the pay scale of rs.196-232, as an outsider candidate, with effect from 31.01.1976, vide office order dated 18.02.1976 (annexure a-3). ..... however, office of the cpmg also did not consider his case favourably, and replied through annexure a-2 dated 14.07.2011 stating as follows: sub: non- ..... into the case at this stage, is required to be taken by this office. 4. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the applicant may please be reinstated into service immediately with full pay and allowances, as the civilian employees in civ gt unit in the army supply corps in the army do not govern under ar rule 13 (3) iii (v) of army rules 1954 to carry out discharge from ..... is an undisputed fact that the applicant is a civilian employee who has been working with the commanding officer, `c coy 5682 asc bn (mt), pathankot. ..... (aft for short), principal bench, new delhi seeking the following reliefs: (a) to cancel the discharge order of the applicant from service under rule 13 (3) iii (v) of the army rule 1954 as the civilian employees in civ gt units in the army corps do not govern under the aforesaid army rule 1954. ..... further, according to the reply, on 08.10.2009, the applicant marched upto the commanding officer, 5682 asc bn (mt) on the charges as mentioned in the charge sheet for the offence committed in `b coy (civ gt) 5682 asc ..... the learned counsel for the applicant shri bijender singh, the applicant being a civilian employee of the military establishment under the goc-in-chief, ambala cantt. ..... equally well-settled that where the dismissal is null and void because of certain statutory limitations placed on the employer terminating the service of the employee, then the civil court would be entitled to grant the relief of restitution, not in terms but by declaring that the order of dismissal was null and void and a declaration that the employee purported to be dismissed continued in service. 8. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it is also not in dispute that permanent absorption under the ministry of home affairs would mean a change of cadre for the officers deputed under the ministry of home affairs in the form of ssb unit assigned to the ministry of home affairs and till date no option has been ..... honble high court that it is also not in dispute that permanent absorption under the ministry of home affairs would mean a change of cadre for the officers deputed under the ministry of home affairs and till date no option has been sought for from these persons. ..... , which was made on behalf of the respondents, was that the applicants were under the control of ministry of home affairs and the officers in ssf and arc were under the control of cabinet secretariat, therefore, the different scales of pay were justified. ..... in consultation with ministry of finance, department of expenditure and it was decided that as the 6th cpc has not made any specific recommendation for non-combatised officers of ssb, the higher grade pays recommended vide para 7.19.62 by the 6th cpc to ib, cannot be extended to ssb officials, i.e. ..... similarly, the central government civilian employees holding the post of circle organisers working in sashastra seema bal (ssb) approached this tribunal vide oa no.1816/2011 seeking a direction to the respondents to grant them pb-2 grade pay of rs.4800 ..... it is settled law that an employee in a cadre cannot be permanently absorbed ..... it is settled law that an employee in a cadre cannot be permanently absorbed .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the point raised by the staff side that the departmental inquiry should be entrusted to an independent impartial body or tribunal, it was clarified that inquiries in disciplinary proceedings against gazetted officers of all grades involving lack of integrity or an element of vigilance are alone entrusted to commissioner for departmental inquiries under the central vigilance commission and other cases of disciplinary proceedings involving ..... been decided that whenever an application is moved by a government servant against whom disciplinary proceedings are initiated under the ccs (cca) rules against the inquiry officer on grounds of bias, the proceedings should be stayed and the application referred, alongwith the relevant material, to the appropriate reviewing authority for considering the ..... subject for expeditious and better disposal of departmental proceedings against government servants :- (i) in each ministry or department specified officer or officers of appropriate rank shall be nominated and earmarked for the purpose of conducting all the departmental inquiries arising within that ..... the cheque stated to have been received in her absence in payment of her claim for withdrawal were also served on the charged officer (acknowledgement dated 08.11.2006 kept in records) before finalization of inquiry report, but she did not refute this connection at all and ..... officer should invariably belong to a wing/office/department different from the one to which the alleged delinquent employee .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... to be read into the rule by which the procedure for dealing with the inquiring authority's report is provided principally because it would be contrary to the principles of natural justice if a delinquent officer, who has already been held to be 'not guilty' by the inquiring authority, is found 'guilty' without being afforded an opportunity of hearing on the basis of the same evidence and ..... prejudice, much less prejudice de facto, either on account of retired employees of the railway department being appointed as inquiry officers in terms of the rule 9(2) of the rules or in the ..... opportunity to the charged officer to be heard would be in gross violation of the principles of natural justice that an employee should be given full ..... 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 ..... 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 ..... 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 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... according to the said scheme the applicants are entitled to pay scale of corresponding regular group d official including da, hra and cca, benefits of increments at the same rates as applicable to a group d employees would be taken into account for calculating pro-rata wages for every one year of service subject to performance of duty for at least 240 days and other benefits like maternity leave. ..... para-10 of the said om has to be applied, guidelines are contained in om of dopt of engagement of casual employees in central government offices. ..... all the financial benefits have been paid to the applicants as well as clts employees who were eligible as per the om of dopandt dated 10.09.1993. ..... while 02 out of the 12 applicants of wp(c) no.18682-93/2006 were selected by the board of officers whereas present applicants were not selected being low in merit. ..... the applicants were screened by the board of officers and not selected for recruitment being over-aged. ..... similarly situated employees had approached this tribunal in oa-2445/2005 which was dismissed by this tribunal. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... argued that as the applicant was never informed about the outcome of her request dated 30.03.2009 and she could know about it only from the letter dated 19.04.2012 sent to her from the office of respondent no.1, thus, there was no delay on the part of the applicant in approaching this tribunal for redressal of her grievance. ..... it is enough to observe that so long as the employer is not pressing for any damages, the employer-employee relationship snapped with the action of abandonment of post by the applicant, who was appointed on officiating basis and on probation, following submission of the letter of ..... (supra) are also different as in that case the employer had granted casual leave to the employee beyond the date on which the resignation was going to be effective as approved by the employer ..... even otherwise, a responsible employee cannot seek to set himself free from the responsibilities of his office by merely flinging on the management a letter evincing his desire to have an exit from ..... did not hear from the authorities on this letter till 13/06/1990 whereby he was informed that since he had resigned by the letter of 14/03/1983 the relationship of employer and employee had come to an end and nothing further could be done. ..... provision with regard to withdrawal of resignation is, in any case, not applicable to a temporary government employee as per the ccs (pension) rules, 1972. 24. ..... the high status of the employees of such instrumentalities, had been emphasised by judicial .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... vide order dated 05.10.2011 held that as per the settled proposition of law, suspension order issued by the department in contemplation of initiation of departmental enquiry cannot be challenged by an employee except in a situation where the same is without jurisdiction and rejected his prayer for the said interim relief. ..... the learned counsel for the applicant has also argued that the very purpose of placing an officer under suspension in cases where departmental enquiry proceedings are contemplated against him is to prevent him tampering with witnesses or documents and in his there is no scope ..... 1982 issued by the dopandt, in case no charge-sheet has been issued to the suspended officer within 90 days of his suspension, he should at least be communicated with the reasons for ..... the allegation against him itself is that while exercising his power as defence estate officer in kashmir circle, srinagar, he misused his authority and acted beyond his jurisdiction to cause loss to respondents but at the time of his suspension he was posted in the ambala ..... without prejudice to the forgoing, if the officer has been under suspension for one year without any charges being filed in a court of law or no charge-memo has been issued in a departmental enquiry, he shall ordinarily be reinstated in service without ..... while functioning as a defence estate officer at kashmir circle, jammu he was placed under suspension contemplating initiation of disciplinary proceedings against him vide annexure .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... given from the date of creation of the promotional post; if promotions are effected prospectively from the date of issue of the order of promotion, retired employees would not be eligible for promotion retrospectively; and if promotion is granted retrospectively and a person junior to the retired employee has been promoted from the date when the retired person was in service and if the retired person has been found fit by the dpc, such ..... the matter has been reconsidered by the government and in supersession of the existing instructions, it has now been decided that the crucial date for determining eligibility of officers for promotion in case of financial year-based vacancy year would fall on january 1 immediately preceding such vacancy year and in the case of calendar year-based vacancy year, the first day of the ..... be pointed out in this regard that there is no specific bar in the aforesaid office memorandum, dated april 10, 1989 or any other related instructions of the department of personnel and training for consideration of retired employees, while preparing yearwise panel(s), who were within the zone of consideration in the relevant ..... (d) dated 12th october, 1998 issued by the department of personnel and training relied upon by the respondents wherein it has been held that if eligible employees who were in the zone of consideration for the relevant year(s) but were not actually in service on the date of holding the dpc, their names should also be included in the panels, but .....
Tag this Judgment!