Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... however, the respondents have explained in their counter that at the time of promulgation of imcc act, 1970 various instructions in the country were awarding diplomas also for courses varying duration and these diplomas were included in the 2nd schedule of the imcc act for allowing such diploma holders ..... that the pay scale of rs.8000-13500 granted to them was on the basis of interpretation of statutory provisions of the imcc act and the pharmacy act coupled with duties, qualifications and experience of the applicants. ..... the applicants - contention is that the impugned orders have been passed contrary to the statutory provisions as provided under the indian medical central council (imcc) act, 1970 and the pharmacy act ..... included in the second schedule of imcc act, 1970 for allowing the holders of such degree/diploma to continue the practice of ayurveda ..... case, in our considered opinion, even if imcc act provides only degrees it would not vitiate the provision in the recruitment rules requiring either degree or diploma for the post of ra. ..... the applicants had stated in their arguments that this provision in the recruitment rules was contrary to imcc act ..... the respondents have stated that at the time of promulgation of imcc act, 1970 various other degrees and diplomas were being issued by different universities, ayurveda colleges, ..... degree in ayurveda has been prescribed as per provisions of various regulations as notified by central government council under the provisions of imcc act, 1970. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... (ii) since the genuineness and authenticity of the cd could not be ascertained either by the inquiry officer or by the disciplinary authority, there is no case or evidence against the applicants; the disciplinary authority in his order has clearly recoded that the inquiry officer has not given proper weightage to the defence witnesses produced by the delinquent officials and this is sufficient ground to vitiate the disciplinary proceedings as the inquiry officer is duty bound to consider the evidence given by both the prosecution and defence witnesses. ..... thus, it is the contention of the applicants that since the entire cd is an illegitimate trap, it cannot be used as evidence against them; the charge leveled against the applicants was that they were engaged in corrupt activities in organized manner but the order of the disciplinary authority puts them liable for the misconduct and act of indiscipline they were seen indulging in and as established by the e.o. ..... mohiddin, air 1952 madras 561 which talks of legitimate and illegitimate traps. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... since the overall acr grading of the applicant came to be upgraded to be benchmark subsequent to the promotion of his juniors who have been paid pay and allowances of the higher post but the applicant was denied at that time, and since the applicants overall acr grading was upgraded, the earlier rating which was below benchmark gets washed away and the new upgraded acr grading gets merged with the earlier acr. ..... it is true, as pointed out by the learned counsel for the applicant that the applicant was willing to work but he was denied the opportunity to get promoted as he was given below bench mark grading in his acr and only after his intervention through the direction of the tribunal, he submitted his representation and the competent authority considered and upgraded the ratings by which he was promoted retrospectively. ..... gupta etc[1996 - 7- scc - 533] and while allowing the appeal it was observed that "in these appeals unless the seniority list is prepared and finalised and promotions are made in accordance with the rules on the basis of the above seniority list, the question of entitlement to work in the promotional posts does not arise. ..... srivastava, the applicant herein, has filed this original application under section 19 of the administrative tribunals act, 1985 seeking (a) to set aside the letter dated 05.01.2012 (annexure a-1), by which his representation dated 08.06.2011 requesting for releasing his arrears of pay w.e.f. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... he had also taken the ground that his case is covered by the judgment of the madras bench of this tribunal in oa no.1075/2010, in which the bench has held that fr 22 provides for removal of anomalies by stepping up the pay of the seniors when their juniors happen to draw more pay, which would be the case in the instant case if the employees junior to the applicant are given higher pay scale in the guise of implementation of the wrong order, which is not sustainable in law. ..... even though he was posted outside the jurisdiction of this bench of the tribunal, and in the jurisdiction of the allahabad bench of this tribunal, but he filed a petition before the honble chairman under section 25 of the administrative tribunals act, 1985, read with rule 6 of the central administrative tribunal (procedure) rules, 1987, and his pt (petition for transfer) was allowed by the honble chairman on 12.10.2011, and the case was listed for hearing before this bench. 4. ..... he had pleaded that in the instant case the applicant has been unjustly treated, and even higher pay scale has been allowed to the employees who were functioning at posts inferior than the applicant when he was promoted from the postal assistants, cadre to the norm based lower selection grade (lsg, for short) cadre, and was working as assistant manager (outdoor), and by this arbitrary act of the respondents, the employees working on inferior posts than him shall be drawing higher .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... referring to the 3rd article of charge, the learned senior counsel would submit that the allegation that the assessment was completed under section 158 bc of income tax act, where the assessing officer made various additions to the income and in the appeal order, the applicant deleted some of the additions. ..... central excise rules, 1944 rule173q; section 11ac of the central excise act, 1944 and rule14 of central civil services (classification control and appeal) rules, 1965 where two principal issues arose for the consideration of honble supreme court: (1) if levy of penalty under rule 173-q was obligatory and (2) was there enough background material for the central government to form a prima facie opinion to proceed against the officer on the charge of misconduct on his failure to levy penalty ..... though, the said case relates to the central excise, but the issue of quasi-judicial authority and quasi judicial functions under central excise act and under income tax act being the same or similar, we would like to refer to the law laid by the honble supreme court in civil appeal no. ..... union of india [2005 -8-scc-351] that the range of activities which may amount to acts which are inconsistent with the interest of public service and not befitting the status, position and dignity of a public servant are so varied that it would be impossible for the employer to exhaustively enumerate such acts and treat the categories of misconduct. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... therefore, we are of the view that the scope of both the proceedings being different as the basic issue as to whether the validity of caste certificate can be gone into in a proceeding initiated under rule 14 of 1965 rules or not was not the subject matter of dispute, nor the same was addressed or adjudicated upon in the earlier proceeding; but the same being not directly or substantially an issue in the previous application between the parties, in our view, the present application cannot be thrown on the ground of the same being barred by the doctrine of constructive ..... learned counsel for the respondents strongly urged that the case of the applicant deserves no leniency in view of the enormity of the act and, therefore, the original application should be dismissed. ..... the applicant has, therefore, approached this tribunal by filing this oa under section 19 of the administrative tribunals act, 1985 for the following relief(s):- (a) quash and set aside the impugned charge-sheet with all consequential benefits. ..... section 12 of the said act disentitles the plaintiff to institute a suit in respect of a matter which directly and substantially has been finally decided by the court of competent jurisdiction. 7. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... individual case and most of other attending factors like the nature of the charges; the gravity of delinquency; the reasons for delay; the cooperation extended by the charged official in disposal of the proceedings; the overall effect that it would have on the subject organization; the quantum of hardship and mental agony suffered by the changed officer on account of domical sword hanging over his head; the prejudice caused to the applicant for reason of documents not becoming available or the important evidence of ground becoming obliterated; unavailable of ..... union of india and others (supra), i feel that the facts of both the cases have been completely different as in the said case the delay in initiating the departmental proceeding was sufficiently explained and it did not transpire at any moment that the purpose of the proceeding was merely to harass the applicant or to deny him the promotion but was rather to bring a departmental liability to ..... been instituted by the cbi under section 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc against the applicant and the said viren ahuja. ..... 2004a0001 dated 16.04.2004 was filed against him by the cbi u/s 13(1)(d), 13(2) of prevention of corruption act, 1988 read with section 120-b ipc alleging that the applicant, while posted as acit (inv. ..... member (a) the instant original application filed by the applicant under section 19 of the administrative tribunal act, 1985 is directed against the memorandum no. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... assigned seniority, with reference to the recruitment year (in which the requisition of vacancies ..... process of reasoning emerging from the om dated 2.2.2000, as is apparent to us, is being analysed below: (a) if the process of recruitment has been initiated during the recruitment year (in which the vacancies have arisen) itself, even if the examination for the said recruitment is held in a subsequent year, and the result is declared in a year later (than the one in which the examination was held), and the selected candidates joined in a further later year (than the one in which the result was declared), the selected candidates will be entitled to be ..... according to copy of the departmental note made available to the applicant under right to information act, 2005, it is observed that the respondent no.1 has re-considered the seniority position of the applicant as well as respondent no.2 ..... the respondent no.1 acted accordingly and vide its letter dated 16.11.2004, requested the upsc to provide a substitute from its reserve panel .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... the disciplinary authority, at the same time, has to communicate to the delinquent officer the "tentative" reasons for disagreeing with the findings of the inquiring authority so that the delinquent officer may further indicate that the reasons on the basis of which the disciplinary authority proposes to disagree with the findings recorded by the inquiring authority are not germane and the finding of "not guilty" already recorded by the inquiring authority was not liable to be interfered with. x x x x x x x 33. ..... the applicant preferred an appeal against the aforesaid order of the disciplinary authority but the same was rejected by the appellate authority vide its order dated 11.03.2011 and the concluding para of the said order read as under: after going through the records, i find that the defence taken by the appellant in the appeal is on the same lines that he had made in the representation made to the disciplinary authority. ..... in the submission of the appellants, there is no violation of any statutory rule or provision of the act. .....
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