Judgment Search Results Home > Cases Phrase: president s pension act 1951 Court: central administrative tribunal cat mumbai Page 1 of about 11 results (0.057 seconds)

Shankar Baluram Ladehllu Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2007)(1)SLJ316CAT

..... paid as salary and allowances with effect from 1.11.1992 to 18.6.2003. (6) respondents are restrained from recovery of rs. 13,20,329 from applicant's pension and other retiral dues. (7) respondents are directed to comply with above directions forthwith and in any case not later than 02 months from the date of communication of ..... . v. income tax commissioner, karnataka-i, bangalore 7. ...the circulars or instructions given by the board are not doubt binding in law on the authorities under the act but when the supreme court or the high court has declared the law on the question arising for consideration it will not be open to a court to direct that ..... despite the fact that the respondents were in possession of all relevant papers including the service sheet/record of the applicant. it was the responsibility of the respondents to act in accordance with the record and appellant can not be penalised for their mistake. further, under chapter 7 of the aforesaid rules, all the actions are to be .....

Ajai Kumar JaIn Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2005)(1)SLJ377CAT

..... also contended that the acb after completion of investigation sought the sanction for prosecution from the competent authority as per section 19(1) of the prevention of corruption act, 1988. the sanction for prosecution is accorded by govt.of india. thereafter the acb filed the chargesheet in the special court bearing no. 46/2001. when ..... in the case of the applicant is justified as the criminal case against the applicant is on serious charges under p.c. act. the learned counsel relied on the judgment in the case of children's film society of india v. sridhar sharma (supra).he submitted that the govt. has not initiated any departmental inquiry in this ..... valid sanction. the learned counsel submitted that the valid sanction is a prerequisite condition precedent for the prosecution under the p.c. act. the learned counsel cited the ratio of judgment in the case of j.s. sathyanarayana (deceased) by l.rs. and anr. v. state by inspector of police, karnataka lokayukta, madikeri, 2000(5) kar .....

Sudhakar Raghunath Deshpande Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2006)(3)SLJ384CAT

..... from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the pensions act, 1871 (23 of 1871). it is permissible to make recovery of government dues from the retirement, death, terminal or service gratuity even without obtaining his consent, ..... ) 15 atc 83.learned counsel submitted that the order for recovery can be made under rule 9 of railway servants (pension) rules, 1993 only by the president of india. the order is neither passed by the president nor by his consent. thus, the order passed by fact finding committee is illegal.the learned counsel further submitted that ..... caused to him while he was working as deputy station superintendent at sion railway station and the oa deserves to be dismissed.5. heard learned counsel mr. s.a. deshpande for applicant and mr. r.r.shetty for respondents. the learned counsel mr. deshpande submitted that recovery on the basis of fact finding enquiry .....

Govind Anand Karawande Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2006)(92)SLJ389CAT

..... to 30.9.2000 by bsnl, pune and from 01.10.2000 to 30.8.2003 by joint controller of communication accounts, dot cell, cgmt, mumbai. the applicant's pension was stopped from 01.9.2003 as per order vide exhibit al. it is also stated that the applicant submitted his reply dated 16.11.2002 to the memorandum ..... giving him an opportunity to explain the circumstances why action should not be taken against him under provisions of rule 9 of ccs (pension) rules vide memorandum dated 07.11.2002 with the approval of president of india. the applicant submitted his representation on 16.11.2002 wherein he stated that he had made an appeal to the hon ..... an order of conviction. 9. the supreme court was considering the question whether the appellant was liable to be invited to the consequences of section 267 of the companies act notwithstanding the order by the high court which was passed while admitting the appellants appeal against his conviction and sentence awarded by an addl. sessions judge. section 267 .....

D.P. Kholamkar Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2005)(1)SLJ175CAT

..... this o.a. has been filed by the applicant d.p. kholamkar under section 19 of the administrative tribunals act for quashing and setting the order of respondents imposing a penalty of 40% (forty per cent) cut in his monthly pension.2. the facts of the case in brief are as follows. the applciant joined the bombay customs house as ..... category. however, because the disciplinary proceedings were started after retirement under rule 9 of ccs (cca) rules, 1965 and the order was required to be issued by the president, it became essential to follow the procedure akin to group 'a' delinquent officer and consequentially the case was referred to upsc for advice. he cited the case of chiranjilal ..... authority. in addition, commenting on the scope of judicial review, he cited the judgment of apex court in the case of state of tamil nadu and anr. v. s.subramaniam, "in judicial review, it is settled law that the court or the tribunal has no power to trench on the jurisdiction to appreciate the evidence and to .....

Amit JaIn Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

..... of candidates recruited from public sector undertakings, etc. has been engaging the attention of the government for sometime. the matter has been carefully considered and the president is pleased to decide that in respect of candidates working in public sector undertakings, universities, semi-govt. institutions or autonomous bodies, who are appointed as direct ..... that the tribunal was not right while deciding the oa on merits, overlooking the statutory provisions contained instructions in section 21(3) of the administrative tribunals act, 1985. shri vadhavkar has argued mat the fixation of specific cut off date for any purpose was not discriminatory as held by the hon'ble supreme ..... service thereafter would be entitled for the benefits. hon'ble apex court's decision in the cases of t.s. thiruvengadam and d.s.nakara (supra) are correctly applicable to this case and the points decided by the apex court with regard to the pension squarely covers the refixation in this o.a. there is no reason .....

K.D. Deshpande Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2003)(1)SLJ164CAT

..... 10.1989, memorandum of charges, enquiry officer's report, the dismissal order, the order rejecting the appeal with a direction to the respondents to issue orders under fr 54 declaring that the period of suspension till the period of dismissal be treated as period of duty for all purposes including pay, pension, leave etc., with all benefits.2. the ..... respondent no. 2 with a letter no. pn/ cc/vig./rev. appln./kkd/l 98 dated 7th june 1999, stating that the appropriate authority for revision is the president of india. the applicant claims that his action in preferring an application for review/revision addressed to the chairman cbdt/chief cit under rule 29 is correct. the action ..... of the considered opinion that the applicant who was found guilty of indulging in business and benami transaction. the punishment awarded by the respondents is proportionate to the acts and ommission of the applicant.16. in the result we do not find any merit in the o.a. it is liable to be dismissed and is dismissed .....

Dr. R.K. Shastri Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2007)(1)SLJ25CAT

..... taking into consideration of the enquiry report, representation of the applicant, proceedings of enquiry, material available on record, and all aspects of the case, the president provisionally arrived at a decision to impose penalty on the applicant. thereafter upsc was consulted as required in the constitution for their advice it was only then ..... , however, subsequently, the approval of the competent authority regarding the engagement of k.c. mohanty as defence helper was accorded and the said mohanty has acted as the assisting railway employee of the applicant vide letter dated 20.8.2001. the respondents also contended that perusal of the record reveals the participation of ..... counsel, there is absolutely no evidence against the applicant to impose the penalty.13. on the other hand, the earned counsel for the respondents mr. s.c.dhawan for the respondents submitted that the acquittal of the applicant in criminal case was not honourale and cleaner one. the earned counsel submitted that the .....

V.G. Pradhan Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2003)(2)SLJ114CAT

..... to by the learned counsel for the applicant cannot help him as facts are different in the applicant's case. in shri kapur's case there was an expressed direction by the president to treat the period as duty for the purpose of pension. in the present case it has already been pointed that even though earlier the period as treated as ..... emoluments drawn by the appellant therein prior to his suspension was not correct. in that case there was also an express direction by the president for counting of suspension period for computing the qualifying service for pension. in the case of dharam singh, it was held that if the suspension period were treated as dies non then it would result ..... as 'spent on duty' for any specific purpose, the said period cannot be treated as a period spent on duty. in j.c. hinduja's case there was an express direction by the president. the competent authority in this case did not think it to be a deserving case for treating the period of suspension as period spent on duty .....

Uchit Narayan Das Vs. Union of India Through Ministry of Finance, Depa ...

Court : Central Administrative Tribunal CAT Mumbai

..... any legal validity. in short, charge is not proved, as far as io is concerned. 5. the applicant being a senior group a officer, the disciplinary authority (da) is the president of india. since the da did not agree with the findings of the inquiry officer, a show cause notice along with note of disagreement was issued to him on 09 ..... to his wife, who is a tax-payer too. giving these details, the statement of imputation alleges that he has failed to maintain absolute integrity and devotion to duty and acted in contravention of the ccs (cca) rules. 4. the c.b.i. raid was conducted on 02/08/2000. a charge sheet was given on 11/02/2002 (annexure - a ..... junior shri s.c.rohtagi was promoted with all consequential benefits. c) this hon'ble tribunal may further be pleased to direct the respondents to pay to the applicant interest @ 12% per annum on the amount of dcrg, leave encashment and commutation of pension w.e.f. 01.02.2005 till the date of payment of retirement benefits. 2. the charge against .....