Court : Central Administrative Tribunal Principal Bench New Delhi
..... . it is not in dispute that the applicant belongs to combatized cadre of sashastra seema bal and, therefore, governed by the provisions of sashastra seema bal act, 2007 (in short, ssb act, 2007) and rules, 2009 framed under the aforesaid act. section 3 of the ssb act, 2007 provides that officers and subordinate officers and under officers and other persons ..... enrolled under the act shall be subject to the provisions of this act and the rules. rule 8 ..... that the assistant commandant is at serial no.(viii) of the list of officers. section 4 of ssb act, 2007 provides that there shall be an armed force of the union called the sashastra seema bal for ensuring the security of the borders of india and performing such other duties as may be entrusted to .....
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 Principal Bench New Delhi
g. george paracken, member the applicant and other similarly placed persons mentioned in this oa are governed by the sashastra seema bal ( ssb for short ) (senior executive) service rules, 1977 notified by cabinet secretariat (department of cabinet affairs), vide notification no.ea/se-191/74 dated 01.03.1977 (as amended from ..... in due time. in that view of the matter, it must be held that the state of kerala took a conscious decision to the effect that those who have been acting in a higher post for a long time, although on a temporary basis, but were qualified at the time when they were so promoted and found to be eligible by .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... interest of the impact of the delinquents continuance in office while facing departmental enquiry or trial of a criminal charge. the charges against the applicant relate to acts of corruption. an appropriate court is seized of the matter. we would, therefore, be loath to interfere with the original order of suspension or its ..... authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into ..... along with the order passed by the learned tribunal. 9. on behalf of the respondents, it was urged that section 19(4) of the administrative tribunals act, 1985, did not contemplate stay but abatement of proceedings before other authorities once an application was admitted by the central administrative tribunal. by virtue of sub .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... .8.2012 is nowhere in challenge and has not even been appended to this ra. there is no order in the instant review application restraining the respondents from acting in any manner against the applicant. to the contrary, there is permission from the tribunal granted to the respondents to proceed against the applicant from the stage of ..... not be bound by the procedure laid down in the cpc, but shall be guided by the principles of natural justice and subject to other provisions of the act and the rules made by the central government. it shall have power to regulate its own procedure including the fixing of places and times of its inquiry and ..... the meantime, the respondents had proceeded to pass another order dated 17.8.2012 of compulsory retirement against him, when the matter was pending consideration before the tribunal. this act on the part of the respondents is contumacious of the tribunal and, therefore they deserve to be proceeded with. 6. on the other hand, the learned counsel appearing .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... respondents in their reply have stated that ntro vide their confidential letter dated 13.08.2008 requested eight security agencies, namely, delhi police, assam rifles, sashashtra seema bal, border security force, central industrial security force, central reserve police force, indo tibetan border police and addl. dgp karnataka police to send nominations of willing officers ..... of confirmation. where the rules are of this nature the question of automatic confirmation would not even arise. of course, every authority is expected to act properly and expeditiously. it cannot and ought not to keep issuance of such order in abeyance without any reason or justification. while there could be some ..... the rules do not contemplate issuance of such a specific order in writing but merely require that there will not be any automatic confirmation or some acts, other than issuance of specific orders, are required to be performed by the parties, even in those cases it is difficult to attract the application .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... 29.8.2007 (annexure r-2) that disability would be the same as defined in section 2(i) the persons with disabilities (equal opportunities, protection of rights and full participation) act,1995 which is reproduced below:- (i).disability means- blindness; low vision; leprosy-cured; hearing impairment; locomotor disability; mental retardation; mental illness; thus, the applicants son cannot be given the cghs ..... of cghs beneficiaries. we also do not find any infirmity in the view taken by the respondents that renal failure is not a part of disability covered under the disabilities act and that the applicants son cannot therefore be covered under the category of permanent disability and thereby entitle the applicants son to receive medical treatment beyond any age limit. the .....
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 Principal Bench New Delhi
..... also contends that the said guidelines are contrary to the civilians in defence services (field service liability) rules, 1957. it is, therefore, to be seen as to whether the acts of the applicant moving to khumbhathang without any grievance and taking over the charge of the promotional post, i.e., garrison engineer, khumbhathang, on 20.6.2013 in compliance with ..... promotion to the grade of executive engineer and only after taking over charge of the promotional post on 20.6.2013, he requested for change of his posting. the acts of the applicant of moving to khumbhathang just to take over the charge of the promotional post and of requesting to post him out of khumbhathang within a month after ..... raj vir sharma, member (j). 1. in this original application filed under section 19 of the administrative tribunals act, 1985, the applicant has prayed for the following relief: i). declare that the applicant is not liable for any field service liability in terms of- the civilian in defence services .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... that such dispute shall be either treated as an industrial dispute or says that it shall be adjudicated by any of the forums created by the industrial disputes act. otherwise, recourse to civil court is open. similarly in krishan prasad gupta vs. controller, printing and stationery reported in 1996 (32) atc 211 it was ..... group d cadre. 4. again, since there was no response from the authorities concerned, he made an application on 09.08.2010 under right to information act, 2005 as to why his appointment letter has been held up. the respondents, vide their letter dated 16.10.2010, informed him that the approval from ..... ). where, however, the dispute involves recognition, observance or enforcement of any of the rights or obligations created by the industrial disputes act, the only remedy is to approach the forums created by the said act. (3 ). similarly, where the dispute involves the recognition, observance or enforcement of rights and obligations created by enactments like industrial .....
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