Court : Central Administrative Tribunal CAT Delhi
..... has been defined in black's law dictionary, sixth edition at page 999, thus: 'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, ..... accepted. therefore it is obvious that extraneous consideration has weighed with the authorities in this regard. 9. the disciplinary authority is necessarily expected to act fairly and punishment can only be awarded in terms of the chargesheet. something which is not there, if considered, would be extraneous to the ..... and as such only deputy controller of defence accounts, who was the competent disciplinary authority being the appointing authority of the applicants authorized to act under rule 11 of the rules ibid, the punishment imposed by an authority suboridiante to the appointing authority not only vitiates statutory rules, sro .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... produce a certificate from the appropriate authority that he had a 40% of disability that would qualify for treatment as a disability under the provisions of the disability act, he is given liberty to approach the respondents in the first instance with necessary documents, who will then consider his case in accordance with rules and pass ..... a person suffering from not less than forty per cent of any disability as certified by a medical authority; thus, the benefits under section-47 of the act would accrue to persons suffering from any of the aforementioned disabilities subject to a medical authority certifying that such disability in that person is not less than 40%. ..... decided to comply with the aforesaid order of hon ble high court. it is further directed that henceforth the provision of section 47 of the persons with disability act, 1995 should be complied in all cases where an employee acquires disability during his service career and or being declared unfit by the dtc medical board. 8 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... by the respective respondent organizations. 13.1 it was brought to our notice by the respondents counsel that the word disability is defined by section-2(i) of the aforesaid act, 1995. it reads as follows:- (i) blindness; (ii) low vision; leprosy-cured; hearing impairment; locomotor disability; mental retardation; mental illness; section-2(t) says ..... to the applicant. (ii) the cases cited under serial no.(ii),(iii)and (iv) deal with the protection and opportunities available to employees under the disability act, 1995. these judgments deal with the definition of an employee with disability in the factual context of the specific case which was under consideration and hold that ..... down in the aforesaid cited judgments:- (i) the decision in anand biharis case (supra) was taken in the context of provisions of the industrial disputes act, 1947 and the scheme which was earlier evolved by the honble supreme court itself to give relief to the workmen-drivers either to provide alternative job .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... 10 staff nurses were relieved from that hospital through office order dated 09.03.2009, and they were asked to report to the medical superintendent of chacha nehru bal chikistsalaya, shastri nagar, and they have been working in that second hospital on contractual basis since then. she has pointed out that those 10 staff nurses, ..... respondents for redressal of his grievance, and since he has not exhausted the remedies by making a representation to the respondents, under section 20 of the at act, the oa should be dismissed in limine for not exhausting the alternative remedies before approaching the tribunal. in this context, the respondents had cited the judgment of ..... applicants have not exhausted the alternative remedies available to them and rushed to this tribunal and therefore, the oas are not maintainable under section 20 of the at act, 1985, and (2) that there is no violation of the terms of their contract, as already provided in the letter of offer of engagement on contractual .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... with pay scales without proper reasons and without being conscious of the fact that fixation of pay is not their function. it is the function of the government which normally acts on the recommendations of a pay commission. change of pay scale of a category has a cascading effect. several other categories similarly situated, as well as those situated above and .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... in which they have admitted to the fact that the implementation of the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 started only from the year 2006. thereafter, they have given details of the total appointments made in the ias as well as in the visually impaired ..... uoi, slp(c) no. 14889 of 2009, the honble supreme court laid down on 07.07.2010 that vacancies though have arisen since the enactment of the act are also to be filled, notwithstanding the argument that the vacancy was not identified or recruitment in that category was not made. it was also held that backlog ..... applicant argued that central government is bound to reserve 1 per cent of posts for the visually impaired in the ias, ifs and other organized services. despite the act coming into force, government of india did not implement reservation in terms of the statutory provisions. consequently, persons with disabilities took the matter to court. one such .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... should be paid right from the year 1971. at the same time we do not think that the tribunal was right in invoking section 21 of the administrative tribunals act for restricting the difference in backwages by one year . 10. in the above facts and circumstances of the case, we are satisfied that this case is a badly ..... order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the tribunal becomes exercisable under this act in respect of the matter to which such order relates; and (b) no proceedings for the redressal of such grievance had been commenced before the said date before ..... delay but he has not given any good or sufficient reason to condone the delay of over eight years in filing this original application. section 21 of the administrative tribunals act, 1985 reads as under: 21. limitation. (1) a tribunal shall not admit an application,- (a) in a case where a final order such as is mentioned in clause .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... not available, he justified the aforesaid action of the respondents on the ground that registration of fir no.383/07 u/s 7/13 (i) (d) (ii) poc act against the delinquents was itself sufficient to prove the delinquents indulgence in corruption. the enquiry officer, thus held that the allegations against the applicants were proved. 13. in this regard ..... examined as the ist prosecution witness ( pw for short). he produced a copy of the fir no.383 dated 07.05.2007 filed u/s 7/13 of poc act registered against some policemen taking money. according to the said fir, shri chetan prakash had made a cassette showing the policemen taking bribe money. the pw-2, constable deepak ..... during the departmental enquiry that he had actually recorded the illegal activities of the applicants and it was on his complaint, fir no.383/07 u/s 7/13 poc act was registered with the police station dabri, new delhi. the second witness chitha munshi of the distt. lines/swd was required to prove that one of the applicants hc .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... section 341 ipc is wrong restraining any person. section 323 ipc deals with voluntary causing hurt. section 506 ipc deals with criminal intimidation. section 34 ip deals with acts done by several persons in furtherance of common intention. none of them are serious offences which involves moral turpitude. they also do not fall within the category of ..... imprisonment for a term, which may extend to one month, or with fine which may extend to five hundred rupees, or with both. section 509. word, gesture or act intended to insult the modesty of a woman. whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any ..... wherein it has been held that institution of a criminal case under section 7 of the armed forces (jammu and kashmir) special powers act, 1990 and section 6 of the armed forces (special powers) act, 1958 means taking cognizance of offence and not mere presentation of charge-sheet by investigating agency. 5. he has also relied upon .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... without proper check, verification and taking action as appropriate under the law, forcing the applicant to submit resignation and later on accept his voluntary retirement are not appreciable act. we would, therefore, leave the matter in the hands of the fourth respondent to consider the facts and circumstances of the case and take action against the ..... support from the judgments of honble supreme court in the matters of k.l.e. society versus dr. r.r. patil and another [(2002)-5-scc-278]; bal ram gupta versus union of india and another [(1987)-suppl.-scc-229]; and j.n. srivastava versus union of india and another [(1998)-9-scc-559]. in ..... training college, jharoda kalan where he was directly working under mr.virender singh the then additional commissioner of police. he stated that sh.virender singh did numerous acts which was probably indicative of mr.virender singh being desirous to get some financial benefits. understanding so he deposited rs.20,000/- in the account of virender singh .....
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