Judgment Search Results Home > Cases Phrase: state bank of india act 1955 section 43 a bonus Court: central administrative tribunal cat delhi Page 1 of about 15 results (0.109 seconds)

G.P. Sewalia Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... -determined return, and inasmuch as, he had made a fluctuating investment for long term (one year) for a yield of 16.25% per annum, whereas the state bank of india had initially offered a rate of 15.5% per annum for any period, and the fluctuating investment resulted into lesser yield, he had committed gross misconduct by exhibiting lack of devotion to duty and by acting in a manner unbecoming of a member of the service and prejudicial to the interest of dscfdcl thereby contravening rule 3(1) of the all ..... it is this order that has been challenged in the present original application filed under section 19 of the administrative tribunals act, 1985. ..... disciplinary authority and it was tentatively decided to disagree with the findings of the enquiry officer to the effect that the ingredient of the charge that the applicant made the said investment with syndicate bank after ignoring the higher offer made by state bank of india was not established, on the following grounds: (a) it is on record that the sbi had in their letter (ex.s-2) claimed that the rate of 16% per annum offered by it actually amounted to 18.5% simple rate of interest .....

Surinder Singh Vs. the Secretary, Ministry of Defence (Finance), New D ...

Court : Central Administrative Tribunal CAT Delhi

..... a view in case state bank of india vs. d.c. ..... of ccs (conduct) rules, 1964 on different counts and the five articles of charges framed against him were as under: article-i that the said shri surendra singh, sa while functioning as sa in m section during the period 16.6.94 to 22.8.95 failed to discharge his duties effectively as provided for in defence audit code and defence accounts department office mannual part-ii vol-i which led to processing of payment against 22 fraudulent ..... defence accounts (administration) 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 43 but is an infraction to article 311 ..... above, both the applicants were posted with the principal controller of defence accounts at the time when proceedings were initiated the authority competent to act as a disciplinary authority being the appointing authority would be which, as per sro 43, is competent to impose punishment and as per powers ..... 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, .....

V.K. Nehru Vs. Chairman and Managing Director and Others

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... srivaikundathan (1998) 9 scc 553; v) state bank of india and others vs. ..... that the punishment imposed upon him was excessive, and not in accordance with rule-11 of the ccs (cca) rules, 1965, and that both the presenting officer and the enquiry officer have not acted in a fair manner, by trying to get certified/attested copies of files from the cbi, which was not done, and, therefore, no reasonable opportunity was given to him to defend himself during the enquiry, and thus ..... , and was later prosecuted and was convicted by the special judge, acb-cbi, as per judgment dated 29.11.2010, for various offences under prevention of corruption act and the indian penal code, and was sentenced to undergo rigorous imprisonment for a period of 4 years and find of rs.20,000/- under section 7 of prevention of corruption act 1988, and in the default of payment of fine, it was ordered that he shall undergo rigorous imprisonment for a further period of six months. ..... further submitted that the findings and conclusions arrived at are based upon the evidence adduced during the course of the enquiry, and that this tribunal, in exercise of its power of judicial review, does not act as an appellate authority to re-appreciate the evidence, and that there has been no violation of any statutory rules regarding the mode of conduct of the enquiry. ..... it was, therefore, prayed that this tribunal may not like to act as an appellate authority, to re-appreciate the evidence while exercising its power in judicial review .....

P.C. Mishra Vs. Secretary to Govt. of India and

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)(2)SLJ156CAT

..... to the above, the ratio decidendi, which is inferred from the above, is that reinstating the person accused of the corruption charges would be premium to him with an opportunity to again be seated in a place where he has committed an act of corruption.state bank of india and anr. v. ..... the concept of suspension was introduced with the promulgation of ccs (cca) rules, 1965 (hereinafter referred to "rules"), wherein rule 10 for government servants working with the union as well as the state where these rules are adopted, envisaged that on the discretion of the appointing authority or by the president through delegated authority place a government servant under suspension where a case against him in respect of a criminal offence ..... has been laid down by the apex court in union of india v.kuldeep singh in its ordinary meaning, the word "discretion" signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will; the liberty or power of acting without control other than one's own judgment. ..... person has also stated that right to be reinstated and right to livelihood is a fundamental right, which has to be protected under article 21 of the constitution of india.11. ..... again a case of an employee of bank being suspended, while relying upon the decision in deepak kumar bhola 's case (supra), held that unless a person, who is facing a criminal charge is exonerated, he would not be but back to a sensitive post.in union of india v. .....

Sukhbir Singh Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... look at the citations, we find that the learned counsel for the applicant has drawn support from the landmark decision of the hon'ble supreme court in state bank of india and ors. v. d.c. ..... 28.09.2000, issued following the judgment of the hon'ble supreme court in state bank of india and ors. v. d.c. ..... argument, perhaps sought to be developed by the learned counsel for the applicant by citing judgments, such as state bank of india and ors. v. d.c. ..... of his reply to the charge memo, has greatly prejudiced his defence [judgment of hon'ble supreme court in state bank of india and ors. v. d.c. ..... moreover, that case relates to a period prior to coming into force of the constitution (42nd amendment) act, 1976, whereby the first proviso to article 311(2) was amended and provision for another opportunity at the stage of the second show cause notice with regard to the penalty proposed to be imposed, was ..... the applicant, by his above acts, exhibited lack of devotion to duty and conduct unbecoming of a government servant, thus violating rules 3(1)(ii) and (iii) of ccs (conduct) ..... learned counsel is not correct in the facts of this case when the disciplinary authority had proposed a lesser punishment and upsc disagreed therewith and suggested imposition of extreme punishment of dismissal and disciplinary authority acted on that advice. ..... by his failure to act despite advice from the territorial division, he has been negligent and has exhibited lack of devotion to duty and conduct unbecoming of a .....

Yatindra Nath Raj, Delhi Vs. the G.M. Northern Rly, H.Q. Office, New D ...

Court : Central Administrative Tribunal CAT Delhi

..... state bank of india, jt 2007 (10) sc 218, whereby the apex court in para-34 has held ..... in the present oa filed by the applicant under section 19 of the administrative tribunals act, 1985, the challenge is to letters dated 30.12.98 and 24.10.2000 vide which two representations made by the ..... as can be seen from the portion, as quoted above, it is clear that the respondents have categorically stated that there was no report of board of inquiry in favour of applicant and further that the applicant had submitted forged documents in the earlier oa, on the basis of which the direction was given by this tribunal to ..... the respondents in the reply-affidavit have also stated that applicant has also forged as many as 33 documents mentioned in para-7 of the reply-affidavit and is claiming relief on the basis of ..... if the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the writ courts would ..... respondents have further categorically stated that the applicant is not entitled to any relief on the ground that the services of the applicant were terminated, as he remained absent from duty, which order was challenged by the applicant filed filing oa ..... respondents have also categorically stated that the report dated 10.06.2010 of the board of inquiry is a forged document, as this document has not been issued by the office under the ..... mentioned here that you were acquitted in case on 14.8.2006 which was registered against you under rp (up) act) case no. .....

Ashok Kumar Sharma S/O Siri Chand Vs. Vice Chairman, K

Court : Central Administrative Tribunal CAT Delhi

..... pointed out that a pay certificate dated 26.5.1999 was issued by kvs, jabalpur in connection with taking loan from state bank of india. ..... against him and all of them were proved, but the revisional authority vide para 9 (ii) with reference to applicant's plea that article 4, 5 & 6, being trivial charge, did not warrant dismissal from service, stated that impugned penalty of dismissal had not been imposed on said allegations alone but because of 'all the six charges'.14. ..... article of charge relating to abusing administrative officer and education officer as well as superintendent (administration), it was contended that though alleged incident as per charge memorandum was stated to be of 15.10.1999, no memorandum seeking his explanation was ever issued prior to issuance of impugned charge memorandum dated 16.5.2000. ..... of said representation as well as findings of eo, the disciplinary authority after holding that he committed grave misconduct and acted unbecoming of an employee of kvs imposed the punishment of dismissal vide order dated 5.10.2002. ..... to impose penalty on a delinquent officer is conferred on the competent authority either by an act of legislature or rules made under the proviso to article 309 of the constitution. ..... also made an application under right to information act to supply complete & legible enquiry report. ..... officer as well as eo were working within his administrative control and, therefore, it was not expected that said officials would be acting fairly and justly. .....

Indian Telecom Service Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(3)SLJ196CAT

..... swamakar and ors.with other connected matters, the learned counsel stated that a common question whether an employee opting for voluntary retirement under a scheme offered by the nationalized banks and the state bank of india was precluded from withdrawing the said offer, was involved in that batch of cases. ..... , the learned counsel pleaded that section 21 of the general clauses act, 1897 states, "where, by any central act or regulation a power to issue notifications, orders, rules or by-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any ..... he pointed out that vide section 4 of the indian telegraph act, 1885 it is the exclusive privilege of the central government to establish, maintain and work telegraphs but it has no power under the provisions of this act to transfer such functions to a non-government organisation. ..... the court would be the least competent in the face of scanty material to decide whether the government acted honestly in creating a post or refusing to create a post or its decision suffers from mala fide, legal or factual. ..... the courts would be the least competent in the face of scanty material to decide whether government acted honestly in creating a post or refusing to create a post or its decision suffers from mala fides, legal or factual. .....

Shyoram Yadav Vs. Government of Nct of Delhi and anr.

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2006)(3)SLJ143CAT

..... the doctrine of justice in an administrative action, the apex court in ganesh santa ram sirur v.state bank of india and anr. ..... in the impugned order allowed the application on the ground that since the respondent had been discharged and/or acquitted of the offence punishable under section 304 ipc, under section 324 read with section 34 ipc and under section 324 ipc, he cannot be denied the right of appointment to the post under the state. ..... being a role model and as a welfare state while exercising discretion should act judiciously to ensure that the action is not vitiated by mala fides and there is ..... when applied to public functionaries, it means a power or right conferred upon them by law, of acting officially in certain circumstances according to the dictates of their own judgment or conscience of others. ..... with the acquittal and the disqualification under the representation of people act, 1951, the supreme court had occasioned to deal with the matter ..... , following is the observation of apex court: in its ordinary meaning, the word "discretion" signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will; the liberty or power of acting without control other than one's own judgment. ..... to discern between right and wrong; and therefore, whoever hath power to act at discretion, is bound by the rule of reason and law. ..... the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or .....

Bachi Ram, Senior Auditor Vs. Director General of Audit,

Court : Central Administrative Tribunal CAT Delhi

..... thus, shri bachi ram furnished forged certificates to the state bank of india, krishna nagar, delhi, bank of india, mandir marg, new delhi, union of india, model town, delhi and the oriental bank of commerce, munirka, new delhi for the purpose of raising personal loans from them ..... this office received information regarding loan transaction made by shri bachi ram from state bank of india, krishna nagar, delhi through its advocate on 17.2.2003 and later through summons dated 20.5.2003 received from civil judge, tis hazar court, delhi ..... -iii - legal proceedings for recovery of loans were initiated by state bank of india, krishna nagar, delhi, capital co-operative thrift and credit society, delhi, ashirwadam co-operative society, delhi, and jai lakshi co-operative bank ltd. ..... shri bachi ram, thus, misled both the banks and this office for his personal gain by submitting false declaration to the banks and on the other hand not informing this office about such declaration and has acted in a manner unbecoming of a government servant thereby violating rule 3 (1) (iii) of the ccs (conduct) rules, 1964 ..... the articles of charge against shri bachi ram related to lack of integrity and acting in a manner unbecoming of a government servant, by submitting forged certificates and false declarations to banks and cooperative societies for availing loans. ..... these are the orders which have been challenged in the present original application filed under section 19 of the administrative tribunals act, 1985. .....