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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..... 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 .....
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..... 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
..... 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 .....
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..... 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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..... 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 .....
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..... 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 .....
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1. the present case provides a classic example how lightly and by complete lack of application of mind, some times, the authorities entrusted with handling/dealing with enquiries against employees act, who may be visited with such punishments that may totally ruin their career.2. bharat singh, the applicant herein, faced a regular departmental enquiry on the following charge, which came ..... accused darshan kumar sharma as he returned back from abroad on 9/5/05 via i.g.i. airport with the fear of attachment of his immovable property. the above act on the part of you si bharat singh no. d-633 amounts to gross misconduct, negligence, carelessness and dereliction in the discharge of his office official duties which renders you .....
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..... obligatory on the part of esi corporation to provide medical facilities. as such, his claim was rightly rejected for reimbursement as per rules. as far as section 17 (2) of esi act is concerned, it speaks about the conditions of service of esic employees at par with the central government employees in respect of recruitment, pay and allowances, conduct rules etc. the ..... , her husband died on 10.07.2006.4. it is in these circumstances applicant has filed the present o.a. on the ground that as per section 17 (2) of esi act, her husband was entitled for medical benefits and in emergency, he could go to any hospital. it is submitted by applicant that her husband had to be rushed in emergency .....
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..... 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 .....
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