Court : Central Administrative Tribunal CAT Mumbai
..... applicant was held guilty of committing breach of the provisions of rule 3(1)(i) (failed to maintain absolute integrity) and rule 3 (1)(iii) (committing an act which is unbecoming of a government servant), in the departmental inquiry and during the pendency of this original application he was acquitted by the special court for the offences punishable ..... under section 7(1) and 13(2) read with 13(1)(d) of the prevention of corruption act, 1988. the finding of guilt recorded by the inquiry officer was accepted by the disciplinary authority and the major punishment of removal from service was imposed on the ..... truth before the inquiry officer was denied to him for no fault of his own. in such circumstances, it can safely be said that all the three authorities acted in a most casual and arbitrary manner in holding the applicant guilty of both the charges levelled against him and further imposing the penalty of removal, although he .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
..... concerned so as to grade him in various categories as outstanding, very good, good, satisfactory and average, etc. the competent authority and the reviewing authority have to act fairly or objectively in assessing the character, integrity and performance of the incumbent. it is seen that in the review order, various grounds on which the various ..... technical knowledge. the hon'ble supreme court in the case of m.a. rajasekhar vs. state of karnataka and another (supra) held that the remark does not act dispassionately when faced with dilemma as a inconsistent remark and the intention was to treat it as advisory. the relevant extract from paragraph 4 is set out herein ..... in the assessment orders on the basis of his prima facie opinion. the cit issued notices to the said three assessees under section 263 of the income tax act for review of the income tax assessment. however, after hearing the assessees, the review proceeding was dropped. however, the adverse remarks were retained on the basis .....
Tag this Judgment!