Tribunal Court May 2014 Judgments
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M.P. Biomass Energy Developers and Others Vs. Madhya Pradesh Electrici ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: May-29-2014
Rakesh Nath, Tehnical Member. 1. The present Appeal has been filed by M P Biomass Energy Developers Association and Others against the order dated 3.5.2013 passed by Madhya Pradesh Electricity Regulatory Commission (œState Commission?) in suo motu Petition no. 8 of 2013 in the matter of compliance of the judgment passed by this Tribunal in Appeal no. 93 of 2012 dealing with the tariff of the biomass based projects for the control period from FY 2012-13 to FY 2013-14. 2. The Appellants are association of Biomass Energy Developers and some Biomass Energy Developers. The State Commission is the Respondent no.1. M P Power Management Company, the procurer of power on behalf of the distribution licensees, is the Respondent no.2. 3. The brief facts of the case are as under:- i) The State Commission passed a tariff order dated 2.3.2012 determining the tariff for procurement of power by the distribution licensees from the biomass based projects for the control period 2012-14. ii) The tari...
Dinesh Chandra Mishra, New Delhi Vs. Indian Council of Agriculture Res ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: May-29-2014
(Oral ). G. George Paracken, Member (J). OA No.1933/2014 The applicant has filed this Original Application seeking the following reliefs:- 8.1.Direction be passed to the Director (R2) to conclude the disciplinary proceeding at fast pace in unbiased, just and fair manner strictly following the relevant CCA(CCS) rules. 8.2.Direction be passed to the Director (R2) not to suspend me without prior approval from Honble Court viewing his proven mala fides intent and arbitrary action. 8.3.Cost of the application be allowed from ICAR. 8.4.Damage be allowed to me as suffered hardship, agony, financial loss and loss of reputation due to misuse of power of the Director, thus be allowed from the salary of the Director. 2. As far as the first prayer to conclude the disciplinary proceedings at fast pace in unbiased, just and fair manner strictly following the relevant CCA (CCS) rules is concerned, we have inquired from the applicant whether any disciplinary proceedings have been initiated against him...
Andhra Pradesh Ferro Alloys Vs. Andhra Pradesh Electricity Regulatory ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: May-29-2014
M. Karpaga Vinayagam, Chairperson. 1. Andhra Pradesh Ferro Alloys Producers Association is the Appellant. 2. Challenging the retail supply tariff order passed by Andhra State Commission on 30.3.2013 for the year 2013-14, the Appellant has filed this Appeal. 3. The short facts are as follows. (a) The Appellant, Ferro Alloys Producers Association is an umbrella body of the Ferro Alloys Industry in the State of Andhra Pradesh. (b) The Andhra Pradesh State Commission is the first Respondent. Respondents 2 to 5 are the Distribution licensees of the State of Andhra Pradesh. (c) The State Commission issued a Regulation of 2005 on 14.11.2005 laying down the terms and conditions for determination of tariff for wheeling and Retail sale of electricity. (d) In pursuance of the said Regulations, the wheeling tariffs were determined for the control period of 5 years, namely 2009 to 2014. However, the Distribution licensees, Respondents 2 to 5 expressed their inability to file retail supply business ...
Dr. a Duraisamy, Scientist-f, New Delhi and Another Vs. Union of India ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: May-29-2014
Sudhir Kumar, Member (A). 1. The applicant of this OA is working as Scientist F posted in the Ministry of Environment and Forests, Government of India. He is aggrieved and has approached this Tribunal on account of denial to him of uniform application of residency period in implementation of Flexible Complementary Scheme (FCS, in short), according to which, the in situ FCS promotion has to be granted on completion of the prescribed minimum residency period, subject to fitness. The grievance of the applicant is that he was due for promotion in terms of FCS much prior to the date from which he has actually been granted such promotion. He has claimed that this decision is contrary to the judgment of the Honble Delhi High Court dated 05.10.2010 in CWP No.14263/2004 in the case of Dr.S.K.Murti vs. Union of India and Others, a copy of which has been produced by him at Annexure A-2, and the judgment of the Honble Apex Court delivered on 02.05.2011 in SLP (Civil) No.13133/2011 (C.C.6864/2011) ...
The Chief Financial Controller/Revenue Vs. M/S. Best Cotton Mills, Ht ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: May-29-2014
Rakesh Nath, Tehnical Member. 1. These Appeals have been filed by Tamil Nadu Electricity Board against the order dated 17.4.2013 passed by Tamil Nadu Electricity Regulatory Commission (œState Commission?) in a batch of cases in which it was held that the Audit slips and the consequential demand notices issued by TANGEDCO for alleged violation of demand and energy quota imposed by TANGEDCO for the months of April10 and May10 were illegal and unsustainable and were against the order of this Tribunal in Appeal no. 51 and 56 of 2012 dated 12.12.2012. 2. The Appellant is the Electricity Board. The first Respondent in these Appeals are owning wind mills in Tamil Nadu and are generating electricity therefrom and are consuming the same in their respective industries as per the wheeling agreements executed between them and TANGEDCO, the successor of the Electricity Board after reorganization. The second Respondent is the State Commission. 3. The facts of the cases are as under: i) On 17.1...
Patanjali Sharma, Dehradun and Others Vs. the Union of India, Through ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: May-29-2014
Sudhir Kumar, Member (A): 1. These four connected cases were heard together, reserved for orders together and are, therefore, being disposed of through a common order. For the sake of convenience, facts of these cases will be discussed, as described by taking up the case of applicant of OA No.3651/2011 first. 2. The short question involved in these cases is as to when a person, who is duly selected, by the prescribed method and procedure for selection, for appointment to a post, but is not issued a letter of appointment for over a decade, and thus does not join his duties in time, and is then issued a very much belated letter of appointment, and joins duties after more than a decade of his original selection, whether he would be entitled to ante-dated seniority on the basis of his seniority in the original merit list/panel prepared by the selecting body, more than a decade back, irrespective of the rights created in the interregnum in favour of his own panel mates, as well as those who...
Awaaz Foundation, Public Charitable Trust, Mumbai and Another Vs. Stat ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-29-2014
1. Sumaira Abdulali-2nd Applicant in this Application is Managing Trustee of 1st Applicant which is a Non-Governmental Organization (NGO) registered under the Bombay Public Trusts Act. The Applicants claim to be activists in the environmental field. They claim that they have ventilated several issues of public interest in the Hon'ble High Court and Apex Court so as to protest public interest. 2. Originally, the Applicants filed Writ Petition (PIL) No. 138 of 2006 in the Hon'ble Court of Judicature at Bombay. By that petition, they raised issues pertaining to illegal extraction of sand from Sea belt in blatant violation of CRZ Notification of 1991, illegal dredging activities in the coastal and River areas, of the State of Maharashtra, inaction on part of the authorities to control the illegal activities of illegal sand mining/dredging of sand, transportation thereof. 3. By order dated October 11th, 2013, Hon'ble High Court of Judicature, at Bombay was pleased to transfer the Writ Peti...
S.K. Shetye, General Secretary, All India Port and Dock Workers' Feder ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-29-2014
1. The Application No.17(THC)/2013 was originally filed as Writ Petition No.153/2010 in the High Court of Bombay, Bench at Goa, which was transferred to this Tribunal vide Hon'ble High Court Order dated 17th October 2013 along with the Writ Petition No. 812 of 2010, which was originally filed in the Hon'ble High Court of Bombay, Bench at Goa, and registered as Application No.20(THC)/2013 with the Tribunal. Both these matters were transferred keeping all the rights and contentions of the parties including question of maintainability of the Applications open. 2. Both these Applications relate to a dispute regarding location of Municipal Solid Waste Disposal site of Mormugao Municipal Council and associated (J) Appln. No.17(THC) of 2013 (WZ)and 20(THC)/2013 (National Green Tribunal, (WZ) Pune activities, and non-compliance of provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000, and Coastal Zone Regulations of 1991. We deem it proper to deal both these matters tog...
W/Ct.(Ex.) Ritu Chaudhary, Delhi Vs. Staff Selection Commission Throug ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: May-29-2014
(Oral). Shekhar Agarwal, Member (A). 1. This Review Application has been filed for correction of a minor error that has crept in our order dated 23.04.2014 in OA-3835/2013. 2. Learned counsel for the review applicant argued that the applicant had already cleared the examination Part-I but had not been declared qualified in Part-II relating to physical standards. The Tribunal while allowing the O.A. has inadvertently ordered conduct of the entire PET examination again instead of restricting the fresh PET examination only to physical standards. Learned counsel for the respondents has not opposed the plea of the review applicant. 3. We have considered the submissions of the review applicant and we are convinced that first line of Para-5 of our order should read as Under these circumstances, we allow this O.A. and direct Delhi Police to get fresh PET Examination Part-II Physical standards of the applicant conducted by BSF. This Review Application is accordingly allowed and Registry is dire...
Madhya Pradesh Poorv Kshetra Vidyut and Others Vs. Madhya Pradesh Elec ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: May-29-2014
Rakesh Nath, Technical Member. 1. This Appeal has been filed by Madhya Pradesh Poorv Kshetra Vigyut Vitran Co. Ltd. and other distribution licensees of Madhya Pradesh against the order dated 22.9.2012 passed by the Madhya Pradesh Electricity Regulatory Commission (œState Commission?) pursuant to the remand by this Tribunal in Appeal no. 145 of 2009 and Review Petition no. 10 of 2010 pertaining to the truing up of financials for the FY 2006-07. 2. The facts of the case are as under: (i) The State Commission by order dated 31.3.2006 determined the ARR of the Appellant distribution licensees for the FY 2006-07. (ii) At the close of FY 2006-07, the Appellants filed their respective applications for true up of the amount of ARR for FY 2006-07 based on the audited accounts. The State Commission by order dated 16.6.2009 disposed of the three applications filed by the Appellants for truing up of accounts for FY 2006-07. In the order dated 16.6.2009, the State Commission disallowed the co...
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