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 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
..... are extending cpf scheme to their employees. those organizations whose employees have switched over to the central pension scheme pattern have enabling provisions in the respective acts/rules/regulations. it is not for the tribunal to issue any direction to the respondents to follow parity with such organizations as each autonomous organization has ..... the pci and approved by the government of india under press council act is legally valid and sustainable. regulation 13 of the said regulations mandates that the employees of the council other than the employees on deputation shall be entitled ..... respondent would submit that the applicants being employees of the press council of india are governed by the conditions of service spelt out in the press council act, 1978 and press council of india (terms and conditions) regulations, 2002. his contention is that regulation 13 being part of the regulations framed by .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... guidelines laid down by this order are also observed by the employers in private sector. 12. these guidelines will not prejudice any rights available under the protection of human rights act, 1993. accordingly, we direct that the above guidelines and norms would be strictly observed in all work places for the preservation and enforcement of the right to gender equality of ..... 1. the applicant has claimed the following relief in the oa filed under section 19 of the administrative tribunals act, 1985: (i) declare that the constitution of the enquiry committee in the instant case is bad in law; (ii) declare that the proceedings of the enquiry committee is unsustainable in .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... of applicants has been given. it is only stated that all the applicants are similarly placed persons and working in the same organization i.e. sashastra seema bal (ssb) under ministry of home affairs and claiming identical monetary benefit of ration money. the applicants in the present oa thus appear to be a ..... 2001, the respondents issued sanction for extension of ration money allowance to the non-executive personnel, including ministerial personnels of special service bureau [since re-named as sashastra seema bal (ssb for short)], aviation research centre (directorate general of security), posted at 'b' & 'c' stations. the said order further stated that ration money ..... special service bureau, training centre, sarahan, district shimla (jhp). in oa no. 282/hp/2004 (supra), all the applicants were working under deputy inspector general, shastra seema bal, shimla/delhi. in oa no. 539/2005 (supra) the applicants were posted at c.o. tikoniya, lakhimpur kheri. oa no. 815/2006 (supra) and oa .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... of sos/pss and were posted in the arc wing of dgs. it is the case of the applicants that dgs had four wings viz special service bureau [now sashastra seema bal (ssb)] aviation research centre (arc), special frontier force (sff) and chief inspectorate of armaments (cioa). after ssb and cioa were transferred to the ministry of home ..... quite often the tribunals are without beings conscious of the fact that fixation of pay is not their function. it is the function of the government within normally acts on the recommendations of a pay commission. shri zulfiqar alam cited judgment in another case of similar nature where the apex court held in secretary, finance department ..... state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. while doing so the court must remain within .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2006)(3)SLJ235CAT
..... fee for premises where licenced shop is located. holding rule 8(1) of karnataka excise (sale of indian and foreign liquors) rules, 1968, as ultra vires the act-karnataka excise act, 1965, section 23 (d, it was observed that: rule 8(1) has obviously gone beyond the enabling provision.. it may be possible for the legislature to make ..... whom licences to drive a transport vehicle are issued, such power cannot include within its scope the power to make a rule contrary to the provisions of the act conferring the rule-making power. in our considered view, the ratio laid down in the aforesaid judgment is aptly applicable to the facts and circumstances of the case ..... the action of inviting applications for grating permission to establish educational institutions, is not well merited....it is not necessary for us to analyze the provisions of the act and the rules any further since according to us in view of what is pointed out above the whole exercise undertaken by the state government in the present .....
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, .....
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