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Kanakeswar Choudhury Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2005)(2)SLJ198CAT

..... it appears that though the applicant had admitted the charges in letter dated 17.8.1990 and 21.1.2000, the disciplinary authority acting upon rule 14(5)(a) thought fit to give opportunity to the applicant to put up his case before the inquiry officer inasmuch as the applicant had asked for personal hearing. ..... deputy chief mechanical engineer carriage and wagon works, madras and ors. ..... articles of charge have been admitted by the government servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 15. ..... i assure that i will not repeat such act in future and pray for mercy. ..... articles of charge have been admitted by the government servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 15. ..... at this stage we shall refer to a judgment of the supreme court in dharmarathmakara rajbahadur arcot ramaswamy mudaliar educational institution v. ..... in this case the appellant had admitted the charges and no enquiry had been held in terms of section 6 of the karnataka private educational institutions (discipline and control) act, 1975. .....

Ashok Kumar Sarial Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2003)(2)SLJ29CAT

..... iii dated 28.11.2001 issued by the deputy director (p), indian council of agricultural research, new delhi giving acting charge of officer-in charge, regional rainfed low land rice research station, gerua under icar to shri u.d. ..... by another order dated 28.11.2001, the deputy director (p), icar put the principal scientists, rrlrrs, gerua as the acting officer-in-charge of the station till the post is filled up on regular basis or until further orders. ..... this is an application under section 19 of the administrative tribunals act, 1985, wherein the applicant has prayed for the following reliefs: (i) an order setting aside and quashing the impugned order under memo no. ..... the duty to act fairly is more imperative in the case of any decision which not only affects the person's right or interest, but also reputation stigmatising the reputation of the individual. ..... whereas the said act of dr. .....

Gadadhar Bania and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2005)(3)SLJ225CAT

..... thus: "if there was any lapse on the part of the respondents in placing the matters in its entirety it was open for the respondents to take appropriate measures, but it was not permissible on the part of the respondents to act in defiance of the order of the tribunal, which was finally dealt with by the supreme court. ..... if there was any lapse on the part of the respondents in placing the matters in its entirity it was open for the respondents to take appropriate measures, but it was not permissible on the part of the respondents to act in defiance of the order of the tribunal, which was finally dealt with by the supreme court. .....

Shri Hiranmoy Sen Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

..... indian jurisprudence, in fact, acknowledge the fallibility of the courts and tribunals and provides for both internal and external checks to rectify the errors.the constitution as well as the act entrusted the tribunal of interpreting and administering the law whose view is final and binding on all till it is corrected, modified by a higher forum or by permissible legislative ..... work and on the basis of other grounds raised by them; (ii) whether the refusal to grant the applicants pay parity by the respondents is in violation of articles 14, 16, and 39(d) of the constitution of india; (iii) whether the respondents have acted contrary to the recommendation of the fourth pay commission arbitrarily and illegally? ..... the parliament enacted the administrative tribunals act to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union, ..... the ground of legality courts and tribunals are effectively acting as the interpreter of the parliament's will. ..... also held that the denial of the same by the respondents amounted to violation of articles 14, 16 and 39(d) of the constitution, and therefore, the respondents acted arbitrarily and illegally. ..... also held that by refusing the parity in pay scale the respondents had acted arbitrarily and illegally.12. ..... aforesaid decision of the tribunal was not assailed at any stage. .....

Tarit Ranjan Das Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

..... in short, according to the applicant as per his additional statement, the activities of the geological survey of india are of national importance having serious implications and the employees are working in sensitive areas where any irresponsible act or leak out of some information will jeopardise the interest of the nation. ..... any irresponsible act committed by a stenographer in the geological survey of india may put the interest of the nation in jeopardy. .....

Smt. Aniva Dutta, Postal Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2004)(1)SLJ195CAT

..... counsel also submitted that the applicants only sought to ventilate their grievances and that all of them acted in discharge of their trade union activities. ..... at this stage, i spoke on phone to the director postal services (hq) in the o/o chief pmg shillong who also spoke to shri janardan debnath explaining to him that they may submit a representation to his office through the dps agartala. ..... the tribunal inexercising power under section 19 of the administrative tribunals act, 1985 is not to act as an appellate authority. mr. b.c. .....

Netai Pada Chakraborty and anr. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2005)(1)SLJ191CAT

..... was also relied to suggest that the adverse remarks in the confidential roll cannot be acted upon to deny promotional opportunities unless, the same was communicated to the person concerned.state of madhya pradesh v. ..... under no circumstances, approaching tribunal/ court for redressal of grievance could be treated as an act of indiscipline, what to talk of serious act of indiscipline. ..... 215/2002 was instituted on 10.7.2002, which was beyond the limitation period of one year prescribed under section 21 of the administrative tribunals act, 1985. ..... dhriti roy for the period ending 31.3.2003 and also conveyed that: "she has filed a case in cat without exhausting administrative channel of appeal on 24.3.2003 which is serious act of indiscipline. .....

Shri J.S.L. Vasava Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

..... " as per section 16 of the general clauses act if a power is conferred by any central act or regulation to make any appointment, then unless a different intention appears, the authority having the power to make the appointment shall also have to power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power.this provision of general clauses act suggest that the state government having the power to appoint to supertime scale has also the ..... lord mersey said: "it is a strong thing to read into an act of parliament words which are not there, and in the absence of clear necessity it is a wrong thing to do. ..... , "to read words into an act of parliament unless clear reason for it is to be found within the four corners of the act itself. .....

Pranab Kumar Das Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2006)(3)SLJ124CAT

..... . the respondent after receipt of notice appeared and he submitted both written statement in respect of earlier petition under section 10(i) of the act of the petitioner as well as written statement against the subsequent prayer to rescind the decree for judicial separation ..... come under the purview of "service matters".moreover, the government of india order with respect to constitution for single bench to dispose of specified cases issued in exercise of powers conferred under sub-section 6 of section 5 of the administrative tribunals act specifies that allotment of and eviction from government accommodation matters shall be posted before the single bench ..... by judicial separation as provided by the law under section 9 of the hindu marriage act, 1955, the husband and wife are permitted only to stay separately. ..... . discussing section 14 of the central administrative tribunals act, 1985, the hon'ble high court had declared that eviction proceeding will not come under the caption "service matters" and therefore, central administrative tribunal has no jurisdiction in such matters ..... . section 19 of the said act denotes that the marriage will continue to subsist until and unless a decree of divorce is passed ..... . my attention was taken to section 9 of hindu marriage act, 1955 ..... the marriage between the two continues to subsist until and unless a decree of divorce is passed under section 13 of the said act. .....

Mahendra Prasad Mehta Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

..... the pendency of preliminary investigation prior to that stage would not be sufficient to enable the authorities to adopt the sealed cover procedure'. ..... sharma, learned senior counsel appearing on behalf of the respondents however, submitted that the respondents acted purely in terms of the railway board circular dated 21.1.93, mr. ..... this application under section 19 of the administrative tribunals act, 1985 has arisen and is directed against the action of the respondents for adhering to the sealed cover procedure in the matter of promotion of the applicant in the following circumstances.the applicant joined as an officer in the railway .....