Court : Delhi
..... was, therefore, purely provisional in nature, (v) it was not correct to allege that payments were made only on the basis of trust receipts issued by the suppliers agents; the officers at the kandla office of mmtc had duly countersigned the trust receipts , after physically counting the rice bags supplied, as was apparent, inter alia, from exhibit s-19, which was a note, dated 29th ..... officer, or employee, has acted in conscious disregard of such financial interests, the fact of loss having ensued cannot, by itself, constitute the basis to allege commission of misconduct , by the officer ..... the above findings of the io, tentatively expressed its disagreement therewith, in the following terms, and sought the opinion of the central vigilance commission (cvc) thereon: the inquiry officer in his findings has held the charge is not proved on the grounds that (a) the copy of the document regarding the decision of the policy division against post-facto ..... into appellate authorities, re- examining, threadbare, the charges against the employee concerned, and scanning, with a tooth-comb as it were, the findings of the inquiry officer, and the decision of the disciplinary authority that follows as a ..... service of an employee, every employer is expected to exercise the highest degree of caution, and display the greatest degree of circumspection, indicating that a conscious decision has been taken, to the effect that, given the magnitude of the misconduct committed by the officer, the possibility of .....
Tag this Judgment!Court : Supreme Court of India
..... liable for loss, injury or damages resulting from: action taken by such member, officer or employee in good faith and without malice under the apparent authority of the orders, even though such action is later determined to be unauthorised, or the negligent or wrongful act of omission of any other person employed by the authority and serving under such member, officer or employee unless such member, officer, or employee failed to exercise due care in the appointment of such other person or the supervision ..... , with the previous approval of the central government, make regulations to regulate conditions of service of all such officers and employees in respect of the residential accommodation, house rent allowance, travelling allowance, daily allowance, conveyance allowance and medical reimbursement ..... records of the authority and their location: the authority shall keep a record of all meetings and proceedings, maintain regular accounts, and have a suitable office where documents, records, accounts and gauging data shall be kept open for inspection by the central government and government of each of the party states and union territory or their representatives at ..... from time to time appoint or employ such and so many officers and employees as it thinks fit and remove or dismiss them, under the rules and regulations applicable to the appointment, removal and dismissal of the central government officers and employees. ..... all such officers and employees shall be subject to the sole control .....
Tag this Judgment!Court : Delhi
..... committed by a company and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or employee of the company, such director, manager, secretary, other officer or employee shall also be deemed to be bail appl. ..... specified bank notes held by a person other than a banking company referred to in sub- paragraph (1) of paragraph 1 or government treasury may be exchanged at any issue office of the reserve bank or any branch of public sector banks, private sector banks, foreign banks, regional rural banks, urban cooperative banks and state cooperative banks for a period ..... 27th december, 2016 the authorized officers recorded statements of kamal jain and dinesh bhola, ca and employee of rohit tandon, ashish kumar ..... scheduled offence, secondly the proceeds of the crime and thirdly laundering of the proceeds of the crime, were not available with the authorized officer of the respondent, thus no satisfaction that the petitioners were guilty of offence punishable under section 4 pmla should be arrived at. . ..... raj kumar goel and others visited the locations in and around the chhattarpur farmhouse of rohit tandon and also his office at r-89, greater kailash-i, delhi to collect the demonetized currency plus the commission amount @35% totaling approximately to 51 crores during the period of 15th november, 2016 till 19th november, 2016 from dinesh bhola, an employee of rohit tandon. .....
Tag this Judgment!Court : Delhi
..... committed by a company and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or employee of the company, such director, manager, secretary, other officer or employee shall also be deemed to be bail appl. ..... specified bank notes held by a person other than a banking company referred to in sub- paragraph (1) of paragraph 1 or government treasury may be exchanged at any issue office of the reserve bank or any branch of public sector banks, private sector banks, foreign banks, regional rural banks, urban cooperative banks and state cooperative banks for a period ..... 27th december, 2016 the authorized officers recorded statements of kamal jain and dinesh bhola, ca and employee of rohit tandon, ashish kumar ..... scheduled offence, secondly the proceeds of the crime and thirdly laundering of the proceeds of the crime, were not available with the authorized officer of the respondent, thus no satisfaction that the petitioners were guilty of offence punishable under section 4 pmla should be arrived at. . ..... raj kumar goel and others visited the locations in and around the chhattarpur farmhouse of rohit tandon and also his office at r-89, greater kailash-i, delhi to collect the demonetized currency plus the commission amount @35% totaling approximately to 51 crores during the period of 15th november, 2016 till 19th november, 2016 from dinesh bhola, an employee of rohit tandon. .....
Tag this Judgment!Court : Delhi
..... the applicability of acp and macps is that the concerned officer or employee should not have been promoted. ..... (c) no.9357/2016 page 20 of 24 the court analyzed the effect of the provision as follows: illustration in paragraph 28(b) reflects that where an employee has earned two promotions before completion of 20 years, he would be entitled to a third financial upgradation on completion of 10 years of service in the grade pay from the date of the second promotion or on 30 years of service, ..... august, 1999, but whereas as a result of the implementation of sixth cpc's recommendations, the next higher post in the hierarchy of the cadre has been upgraded by granting a higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade pay granted to the post. ..... learned counsel highlighted that the higher grade pay of `5400/- was in fact recommended as part of the post of section officer/private secretary by the sixth cpc and was accepted as part of the pay in the central civil services (revised pay) rules, 2008 [hereafter called the ..... time, various departments in the central government; other establishments such as the delhi high court, which follows the pattern of pay applicable to central government employees and the applicable rules were based upon felt needs, and having regard to the exigencies or peculiarities of the departments and their functioning recommended the upgradation of pay to certain classes or categories of officers. .....
Tag this Judgment!Court : Delhi
..... which provided as under: parties obligation non-recourse 23.12 the parties have entered into this agreement entirely on their own behalf, and in no manner for or on behalf of any shareholder of either party, or any partner, shareholder, officer, director, employee or agent of either party and neither party shall have any recourse against such persons for any act, omission, obligation or liability of the other party or for any other matter pertaining in any way to this ..... in partial discharge of the liability of gcel towards doosan india and at that material time gmr energy owned 100% stakes in gcel, co-mingled funds, was run by the same family, had the same directors and officers, interchangeably used each other s addresses and telephone numbers, observed little, if not any, corporate formality and separation and as such being the alter ego of gcel, gmr energy is bound by the arbitration agreement between ..... a perusal of clause 23.12 bars recourse to applications qua any partner, shareholder, office, director, employee or agent of either party even on the principle of piercing the parties corporate veil or any other legal theory. ..... they share directors and officers and use the same corporate letterhead and corporate signage. ..... subject: corporate guarantee resolution meeting with dpsi this letter is in continuation of the meeting held last week at mumbai office of gmr infrastructure ltd. .....
Tag this Judgment!Court : Delhi
..... ) 3 scc732held that a petition under section 630 of the companies act is maintainable against the legal heirs of the deceased officer / employee, for retrieval of the company s property wrongfully withheld by them after the demise of the officer or employee concerned. ..... ) 3 scc342 it was held that section 630 of the companies act will cover within its ambit not only the employee or the officer but also the past employee or past officer or the heir of the deceased employee or anyone claiming under them in possession of the property.22. ..... the same where the property is owned by a company and allotted to a director or any other employee of the company and that the spouse or the other relative of the director or employee of the company to whom the premises were allotted, has a right to occupy the premises only as long as the company permits the director / employee to do so and if the spouse/relative of the director / employee continues in occupation of the premises after the right has come to an end, such spouse ..... /relative of the director / employee is liable to be evicted and to be prosecuted under section 630 of the .....
Tag this Judgment!Court : Delhi
..... (c) 517/2017 page 3 of 6 (4) after the requisition under sub-section (2) has been complied with the chief executive officer may, if he thinks fit, depute by a written order a police officer or an officer or an employee of the board to watch the premises in order to ensure that the erection of the building or the execution of work is not continued. ..... person under this act or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the board, or the civil area committee or the chief executive officer at whose instance the notice, order or requisition has been issued whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing ..... of the petitioner is empowered to order a police officer to watch a premises in order to ensure that erection of building or execution of work is not continued, he is equally empowered to order so to an officer or employee of board. ..... , but has not been completed, referred to in section 238 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provision of this act or bye-laws made thereunder, the chief executive officer may in addition to any other action that may be taken under this act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. .....
Tag this Judgment!Court : Delhi
..... from the above, it is apparent that in all inquiries concluded after 20.11.1990, the report had to be mandatorily furnished to the delinquent officer or employee. ..... whatever the nature of punishment, further, whenever the rules require an inquiry to be held, for inflicting the punishment in question, the delinquent employee should have the benefit of the report of the enquiry officer before the disciplinary authority records its findings on the charges levelled against him. ..... this was based upon the salutary principle that regardless of the demand of the employee for access to the report, this principle was based on public policy that one facing proceedings likely to adversely impact him should be made aware of the tentative findings to enable him to impugn them or make his ..... (1993) 4 scc727are clear that where a domestic inquiry is held, the delinquent employee has to be furnished with the adverse report before an adverse disciplinary order is made and that if this procedure is not followed, the principles of natural justice are deemed to have been violated. ..... ramzan case should apply to employees in all establishments whether government or non-government, public or private. ..... thus, the employee was denied the opportunity of representing against the management to possibly secure a lighter penalty. ..... it appears that the order of removal was made simultaneously and both the enquiry report as well as the removal order was supplied to the delinquent employee i.e. .....
Tag this Judgment!Court : Delhi
..... the regulation no.6 of the said regulations stipulates that every officer or employee shall serve the authority honestly and faithfully, use his utmost endeavours to promote the interests of the authority and shall show courtesy and attention in all transactions and ..... the regulation no.6 of said regulations stipulates that every officer or employee shall serve the authority honestly and faithfully, use his utmost endeavour to promote the interests of the authority and shall show courtesy and attention in all transaction and ..... as under:-" in these circumstances the case becomes a case in which after government officials duly competent and duly authorized in that behalf have arrived honestly at one decision, their successors in office after the decision has been acted upon and is in effective operation, purport to enter upon a reconsideration of the matter and to arrive at another and totally different decision. ..... notwithstanding the word warning used in the memorandum it really imposed a penalty of censure on the employee which could not have been done except by following the rules for imposing a minor penalty. ..... though no opportunity of hearing or a notice to show cause against need precede the issuance of a warning yet the employee must have an opportunity of making a representation against and such a representation if made shall have to be considered and disposed of by the authority issuing the ..... remains a matter between the officer issuing the warning and the employee receiving it. .....
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