Court : Central Administrative Tribunal CAT Delhi
..... state bank of india ..... in view of the admitted position that the respondent himself did admit that gite had no axe to grind against him and the district judge having acted upon that statement, it is difficult to accept the contention that the district judge was biased against the respondent and that he fabricated false evidence against the respondent of the three advocates ..... may also state that there is yet another line of cases as in state bank of patiala ..... under these circumstances, contemporaneously when gite had written a letter to the district judge stating that he got information about the respondent demanding illegal gratification from some parties, there is some foundation for the district judge to form an opinion that the respondent was actuated with proclivity to ..... wandsworth board of works, 1963 (143) er 414 the principle was thus stated: "even god did not pass a sentence upon adam, before he was called upon to ..... the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at its own independent findings ..... adherence to principle of natural justice as recognized by all civilized state is of supreme importance which a quasi-judicial body embarks on determining dispute between the parties or any administrative action involving civil ..... neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply ..... invested the same in the tribunal by central administrative tribunal act. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... others versus sarvesh berry [2005-10-scc-471], (v) state bank of india versus r.b. ..... the completion of the trial of the applicant in the criminal court on the charge sheet number 12/2007 dated 24.12.2007 filed by the central bureau of investigation (cbi in short) to prosecute him for the offences under section 120 b of ipc read with section 420, 468 and 471 of the ipc and under section 13(2) with sub section 13(1) (d) of the prevention of corruption act, 1988 (poc act), as both are based on same sets of facts, allegations, documents and witnesses. 2. ..... the cbi conducted the detailed investigation and filed the final report under section 173 cr.pc before the special judge (cbi cases) vide its charge sheet no.12/2007 dated 24.12.2007 charging the five accused including the applicant ..... we have perused (i) the final report dated 24.12.2007 filed by cbi under section 173 of crpc before the special judge (cbi cases), new delhi, and (ii) the memorandum dated 01.4.2008 wherein charges have been framed ..... said order, the applicant has instituted the instant oa under section 19 of the administrative tribunal act, 1985 with the following prayers:- 1. ..... criminal case, alleged offences of criminal nature under section 120 b read with 420, 468, 471 of ipc and section 13(2) read with 13(1) (d) of the prevention of corruption act. ..... 468 and 471 of the indian penal code and u/s 13(2) read with sub-section 13(1)(d) of the prevention of corruption act, 1988 and substantive offences under the said act; 2. .....
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..... order dated 20.12.2007, after taking into account the judgment of honble supreme court in the matter of state bank of india and others v. d.c. ..... deserves to be quashed as the respondent no.1 once again has committed the illegality of issuing the order in violation of the law laid down by the honble apex court in the matter of state bank of india vs. d.c. ..... feeling aggrieved by the penalty order and the charge memo, he has instituted this oa under section 19 of the administrative tribunals act, 1985 with the following prayers:- a) quash and set aside the impugned memorandum dated 28.03.1995 (annexure a-1) as illegal and non-est, ab-initio or deem it lapsed in view of the tribunal order dated 26.11.2002 ..... changed as eo in his disciplinary case, but the eo in his proceedings dated 25.02.1997 rejected the claim of the applicant for change of eo and went on to state that in case the applicant disassociates from the enquiry, the enquiry would be conducted ex parte. ..... officer and to permit him to engage a legal practitioner to act as his defence assistant and to adjourn the proceedings till then. ..... the above act of the eo violated the principles of natural justice as well as the instructions issued vide ..... ravinder kumar has raised certain points with regard to the advice tendered by the cvc and the noting of the cvc obtained by him under the rti act. ..... raised certain points with regard to the advice tendered by the cvc and information which he received from the cvc under right to information act. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... supra) as well as kerala high court (supra) i am of the view that the opinion given by the doctor being an expert opinion is admissible for the purpose of holding the charge in departmental proceedings, as the strict rules of evidence act and standard of proof envisaged therein have no application in a domestic enquiry, and the standard of proof required in a departmental proceeding is preponderance of probability as opposed to the proof beyond doubt, as envisaged in criminal proceedings. ..... to examine the contention of the appellant relating to expert evidence, it is a settled legal position that the opinion of the expert is relevant as provided by section 45 of the indian evidence act, 1872 but the report submitted by an expert does not go in evidence automatically. ..... state of tamil nadu, (1997) 1 lab lj 224 (sc) and state bank of bikaner and jaipur ..... similarly, in the case of modula india (supra) the issue was whether the oral testimony of a witness can be relied without putting him to the cross-examination and whether such an oral testimony constitutes ..... doctor who had carried out the medical examination of the applicant and had issued the certificate, has not been called for cross-examination and in this connection, reliance was placed in modula indias case (supra). ..... union of india and ors ..... ble member (j) has relied upon the judgment of the apex court in the case of modula india v. ..... modula india v ..... this regard, he has relied upon a judgment of the apex court in modula india vs. .....
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..... this contention, reliance has been placed on the judgment of honble supreme court in the case of state bank of india vs. ..... not challenge their promotion nor sought promotion as assistant in the year 1992, therefore, the present oa which has been filed on 27.1.2011 is barred by limitation because period of limitation as prescribed under section 21 of the administrative tribunals act, 1985 is one year from the date of cause of action. 10. ..... falls within jurisdiction of labour court exercising powers under section 33c(2) of the act while the latter does not. ..... of above, it is not open to the applicant to now once again claim the same relief of promotion as section officer by using a different wording in the relief clause. ..... and shri rathore were further promoted as section officer with effect from 14.12.2006. ..... and shri rathore were promoted as assistant in 1992 and further as section officer with effect from 14.12.2006. ..... on the other hand, have taken preliminary objection to the maintainability of the oa itself on the ground that the oa is barred by limitation inasmuch as applicant is seeking promotion as section officer from the date smt. v. ..... appointed as udcs, who were subsequently promoted as assistants in 1992 and as section officers in the year 2006. ..... rathore to the post of section officer from the dates of their respective promotions to the said post with all ..... rathore to the post of section officer from the dates of their respective promotions to the said post with all consequential .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... in the rejoinder, learned counsel for applicant cited the decision of hon'ble supreme court in state bank of india's case (supra) where it had been held that the order of punishment passed by disciplinary authority was vitiated for violation of principles of natural justice in denying the respondent copy of recommendation of cvc which was prepared ..... authority consulted the central vigilance commission (cvc) but did not supply copy of the advice to the applicant which is mandatory under the rules and the law established by hon'ble supreme court in state bank of india v. d.c. ..... learned counsel for respondents while refuting the submissions put forth by learned counsel for applicant stated that the impugned orders are not arbitrary or illegal and have been passed based on facts as well as taking into account all the relevant ..... hearing rival contentions of both the parties and careful consideration of the pleadings, we find that applicant cannot, in fact, be held guilty of the charged for an act in which he himself was not the only person to taken decision. ..... while denying the averments made in para-4.7 of the oa, it is stated that applicant failed to record in his observation/recommendations the fact of the samples of the store cotton wool absorbent were not meeting the requirement of the ..... 97 which has been acted upon by cqa(t&c) as result of dqa(s) hqrs letter dated ..... governing supply and the terms of contract do not indicate anywhere that drugs and cosmetics act 1940 is applicable. .....
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..... state bank of india ..... the limited scope of judicial review of the merits of selection made for appointment to a service or a civil post, the courts are not expected to play the role of an appellate authority or an umpire in the acts and proceedings of the dpc and that it could not sit in judgment over the selection made by the dpc unless the selection is assailed as being vitiated by mala fides or on the ground of being arbitrary. ..... keeping in view the above position, the matter regarding communication of entries in the acrs in the case of civil services under the government of india has been further reviewed and the undersigned is directed to convey the following decisions of the government:- the existing nomenclature of the annual confidential report will be modified as annual ..... bank of india ..... but in the note submitted to the competent authority, wrong information has been fed to him stating that the reviewing and accepting officers have agreed with the comments of the reporting officer and the comments obtained from the reporting officer were that the ..... if the concerned apar section does not receive any information from the concerned officer on or before fifteen days from the date of disclosure, the apar ..... the section entrusted with the maintenance of apars after its receipt shall disclose the same ..... authority and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the decision of the competent authority by the concerned apar section. 3. .....
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..... he has further relied upon the judgment of the apex court in state bank of india vs. ..... 2 in the impugned order dated 22.11.2011 wherein it has been stated that further two years retention of the applicant in bangalore from 09.04.2010 was necessary but unfortunately the respondent no. ..... it is also seen that the respondents themselves have stated that one post of superintendent has been sanctioned in the bangalore branch of the respondent no.2 and the same is required to be filled up. ..... the said respondent had no other offices or branches in the rest of india till a branch office was opened at bangalore. ..... in my considered view, such a state of affairs is the creation of the respondents themselves to frustrate the case of the applicant. ..... they have also stated that with the reorganization and augmentation of staff strength, one post of superintendent has been sanctioned for the bangalore branch and the same has to be filled up now and the udcs with four years ..... it is not the case of the respondents that the applicant had any all india transfer liability. ..... he specifically stated that he was unwell and his health was deteriorating. ..... it is an admitted fact that the applicant is a permanent employee of the respondent no.2, namely, national gallery of modern act, new delhi. ..... union of india and ors. .....
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..... this stage, we wish to refer to the decision of the apex court in the matter of chairman, state bank of india and others v. ..... notice of this application was given to the respondent-municipal corporation of delhi (mcd), which has filed the reply affidavit wherein it has been stated that the impugned order was rightly passed because the applicant was issued memorandum of charges dated 8.11.1993, which resulted into the order of punishment passed by the disciplinary authority in the year 1996 ..... the law laid down in the aforesaid decisions, we are of the view that the action of the appellant-bank in not considering the respondent for promotion to mmgs-ii during the currency of the penalty of reduction in basic pay that was imposed on him cannot be held to be violative of his right guaranteed under article 16 of the constitution of india and the high court was not justified in interfering with the said decision of the appellant-bank on that ground. ..... thus, in view of what has been stated above, we are of the view that the applicant is not entitled to ..... thus, in view of what has been stated above, we are of the firm view that the applicant was not entitled for financial ..... , dated 9-8-1999 clearly states that in the matter of disciplinary/ penalty proceedings, grant of benefits under the acp scheme shall be subject to rules governing ..... when the employee is exonerated, the recommendations of the screening committee placed in a sealed cover will be opened and its recommendations acted upon. .....
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..... the respondents, on the other hand, had relied upon dop&t om dated 12.10.1990, as amended in the year 1997 on the subject of zone of consideration for promotion and stated that for selection post where adequate number of sc/st are not available within the normal field of choice, the filed would have to be extended by five times of the number of vacancies as an extended zone ..... they made representations to fill up backlog vacancies under the special drive of dop&t, which request had been turned down vide communication dated 4.2.2005 stating that officers, applicants who joined central excise delhi zone and inspectors on inter-commissionerate on transfer basis in 2003 were junior to be included even in the ..... the state being a welfare state, in fairness, was expected to act in accordance with law and not ..... we may observe that union of india has shown scant regard to settled law on the subject and failed to carry out direction without any ..... dated 30.9.83 had been quashed by hon'ble supreme court in its judgment dated 7.9.2000 in the case of union of india and ors. v. ..... union of india in slp no.14568-69/95 decided on 20.10.1995, which reads: we have heard learned ..... case is binding on all the authorities including the union of india. ..... supreme court relating to the said separate zone of consideration as mentioned in the present oa as illegal, malafide, arbitrary, unreasonable and violative of the fundamental rights of the applicants under article 14, 16 and 21 of the constitution of india. .....
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