Court : Central Administrative Tribunal CAT Delhi
Reported in : (2008)(1)SLJ294CAT
..... service, several professional awards and commendation certificates from the dib as well as appreciation from the us fbi for service of a very high order.3. the sashastra seema bal (for short "ssb") is a central police organization headed by the director general, ssb and under the administrative control of ministry of home affairs. it guards ..... to time. from the averments made in the written statement it appears that the applicant is performing his duties well. there is no mention of any specific act of indiscipline indulged by the applicant that might have resulted into his repatriation. the reason, as mentioned above, is only infighting between two officers, not connected ..... in force" clearly refer to infighting of the applicant with his counter part mr. yashwant malhotra. once again the words "it needs no emphasis that the acts of indiscipline in a central para military force cannot be allowed to go unnoticed" would take its colour from the only allegation made against the applicant, .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... j) applicants in this joint original application are serving as senior field assistants(m) [ sfas(m) for short] and assistant field officers(m) [ afos(m) for short] in sashastra seema bal ( ssb for short) under the ministry of home affairs. they are aggrieved by the alleged illegal, arbitrary and discriminatory action on the part of the respondents in not giving them ..... . the operative part of the said order reads as under:- shri atma prakash dixist and others have filed this original application under section 19 of the administrative tribunals act, 1985 seeking direction to be issued to the respondents to grant them higher grade pay of rs.2800 w.e.f. 01.01.2006 with all consequential benefits ..... also they were granted the same pay scale at par with others but lesser grade pay. 13. we are, therefore, of the considered view that the respondents have acted in violation of articles 14 and 16 of the constitution of india in granting lesser grade pay to the sfa, afo, fo etc. of ssb from sfa, afo, .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... have been constituted into a society (iims). further, the recommendations of the parliamentary standing committee (annexure a-7), to set up a university by an act of parliament is being processed. pending statutory constitution of the university, the applicant has the original liability of being transferred only among the four institutes listed ..... relating the establishment of iims, which inter alia include copies of the following: certificate of registration of iims as a society under the societies registration act, 1860. om no. a-33025/17/2002-mt dated 29.10.2002 regarding transfer of employees of the four government maritime training institute to iims ..... the society a clause for establishment of indian maritime university. the committee, however, recommends that the ministry should go for establishing the university by an act of parliament so as to provide considerable operational freedom and a qualitatively boost to the maritime training in the country. the committee, however, notes with .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... have been constituted into a society (iims). further, the recommendations of the parliamentary standing committee (annexure a-7), to set up a university by an act of parliament is being processed. pending statutory constitution of the university, the applicant has the original liability of being transferred only among the four institutes listed ..... relating the establishment of iims, which inter alia include copies of the following: certificate of registration of iims as a society under the societies registration act, 1860. om no. a-33025/17/2002-mt dated 29.10.2002 regarding transfer of employees of the four government maritime training institute to iims ..... the society a clause for establishment of indian maritime university. the committee, however, recommends that the ministry should go for establishing the university by an act of parliament so as to provide considerable operational freedom and a qualitatively boost to the maritime training in the country. the committee, however, notes with .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... the basic touchstone of any administrative action. in man singh vs state of haryana and ors ( 2008 (7) scale 750) the following was observed. any act of the repository of power whether legislative or administrative or quasi-judicial is open to challenge if it is so arbitrary or unreasonable that no fair minded authority could ..... is on the ground that there is nothing to show that the counting of such services for acp/macp purposes would be in contravention of the delhi school education act and rules, 1973. further, the introduction of the acp/macp schemes being by virtue of executive orders, rather than any statute, would also not create an ..... retirement benefits. the contention of the respondents learned counsel regarding the absorption of the surplus employees of the closed school being a welfare measure - impliedly an act of condescension is not really relevant in the face of the statutory dispensation. nor would the plea of such absorbed surplus employees being treated as junior to all .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... of pronouncements on this issue and may be summarized as follows: (i) a departmental inquiry/proceeding is distinct from a criminal trial where the evidence act or criminal procedure code is strictly applicable. the technical rules of evidence are not applicable in a departmental inquiry and the standard of proof required in a departmental ..... power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the ..... disciplinary authority is entitled to hold that the delinquent office is guilty of the charge. the court/tribunal on its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at the own independent findings on the evidence. the court/tribunal may interfere where the authority .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... . nagar palika, jaunpur and ors. 1990 (1) slr (sc) 830)].14. learned counsel further stated that the doctrine of promissory estoppel, in terms of section 115 of the indian evidence act, 1872, was attracted in the applicant's case and the respondents could not resile from the assurance of protecting his pay at rs. 10,750/- to which he became eligible .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... was to approach the industrial tribunal for appropriate relief, thereby praying that their termination is in violation of the provisions contained in section 25b of the industrial disputes act, thus, such termination is void abinitio. certainly for violation of provisions of section 25b, remedy does not lie either before the high court or before this ..... particularly form the period when the determination of the number of days of work was to be reckoned for the purpose of section-25b of the industrial disputes act, 1947. vide your letter/representation dated 10.08.2010, you have cited the case of other contract workers who were given permanent employment in ashok hotel. ..... adhoc basis.it was the submission of itdc that the petitioners have an alternative efficacious remedy in the form of raising an industrial dispute under the industrial disputes act, 1947, which was so chosen by the applicants and on the motion of the applicants, the appropriate govt. was placed to refer the dispute vide .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... mentioned in rule 12 ibid. is squarely applicable to the case. it is, therefore, not at issue, as mentioned in the impugned order dated 09.06.2005 (supra), whether the act of the applicant relating to the criminal cases was unbecoming of a police personnel or not. what is important, therefore, is the ground taken by the respondents in terms of ..... re-opening order wherein a mention has been made against the acquittal of hc in criminal cases due to pws turning hostile. in fact the de was opened on the acts of unbecoming of a police personnel committed by the hc on two occasions in a same day which were later on ended with the registration of two criminal cases against .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... him promotion as vice principal but the respondents have not considered the same. 11. the applicant has also filed ma-1984/2011 under section 21 (3) of the administrative tribunals act, 1985 for condonation of delay in filing this original application. according to him, he had no information that he was found fit for the post of vice principal by the .....
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