Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2006)(2)SLJ268CAT
1. By filing this Original Application the applicant has claimed the following main reliefs: 8.2 to quash the penalty order dated 25.11.2004 communicated on 6.12.2004 in the interest of justice, 8.3 to quash the charge sheet dated 20.11.2002 in the interest of justice, 8.4 to hold that the entire charge sheet dated 20.11.2004 and consequent penalty order dated 25.11.2004 communicated on 6.12.2004 is an out come of mala fides of respondent No. 6, 8.5 to hold that the action on part of the respondent No. 6 in harassing, humiliating and victimizing the applicant, is bad in the eyes of law.2. The brief facts of the case are that the applicant after joining the Income-tax Department as an IRS officer was posted as Asstt.Commissioner of Income Tax, at Mumbai. At that time the respondent No.6 was the Commissioner of Income Tax posted at Mumbai. The applicant had undertaken a survey under Section 133-A of Income Tax Act, 1961 on 19.12.1997 and 23.12.1997 in the case of M/s. Advance Metal Powd...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2007)(1)SLJ217CAT
1. As the issue involved in both the aforementioned Original Applications is common, and the facts involved and grounds raised are identical, for the sake of convenience both the Original Applications are being decided by this common order.2. M.A. No. 498//2005, filed by the applicants in O.A. 526/2005 to permit them to prefer joint O.A., is considered and allowed.3. By filing O.A. No. 525/05, the applicant has sought the following main reliefs: 8.2. to quash the order dated 30.05.2005 in the interest of justice, the de-novo exercise of drawing up list of 30 IPS officers for inter state transfer being beyond the mandate of M.P. Re-organization Act, 2000. 8.3 to hold that the calculation of 43 DRs vacancies done by the Committee (constituted vide order dated 5.12.2003) is violative to Regulations of 2000, and may further be pleased to quash the miscalculation of vacancies in the interest of justice. 8.4. to direct the respondents to prepare separate list for SC & ST category, in th...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2006)(1)SLJ77CAT
1. By filing this original application, the applicant has claimed the following main relief: (a) direct the respondent that the entire period of suspension from 4.10.88 to 9.2.90 be treated as duty for all purposes and consequent to above, to pay arrears of pay and allowances as admissible within a period of three months.2. The brief facts of the case are that the applicant was working as Progressman Grade-I in the Telecom Factory, Jabalpur. He was placed under suspension with effect from 3.10.1988 on the ground of contemplated disciplinary proceedings. Subsequently a memo of charge sheet dated 8.11.1988 was issued to the applicant by the Disciplinary Authority under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, There was a delay on the part of respondent No. 2 in completing the disciplinary proceedings and, therefore, the applicant requested for increase in subsistence allowance and revocation of suspension. The applicant did not get any reply fr...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(3)SLJ359CAT
1. Since the issue involved in both the O.As. is common and the facts and the grounds raised are identical, for the sake of convenience these O.As. are being disposed of by this common order.2. By filing the Original Application No. 284 of 2004 the applicants have sought the following main reliefs: 8.1.1. Respondent No. 1 may be directed to stop further intake of direct recruits into IAS Cadre of M.P. until their number is reduced to 206 which is the permissible upper limit. 8.1.2. As against the permissible limit of 90 fixed by Annexure A-1, only 81 Officers who have been appointed to IAS through the process of promotion/ selection are in position in the State of MP which is apparent from the list Annexure A-7 which has been prepared from the gradation list Annexure A-3. Therefore the respondents be directed to fill up the backlog of promotion quota expeditiously. 8.1.3. Respondents be directed to appropriately increase the promotion quota from 90 to 102 which is 33 1/3% so as to pro...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(3)SLJ399CAT
1. By filing this original application, the applicant has sought the following main reliefs : "(A) To kindly quash the order dated 31.8.1998 and 27.3.2000 and other such orders issued for reduction of pay and recoveries from the settlement dues of the applicant. (B) The respondents may be directed to restore pay and allowances on promotion as Driver 'A' Scale Rs. 1600-2600 (RP) from 1.1.1990 with all consequential benefits including pensionary benefits and settlement dues and arrears." 2. The brief facts of the case are that the applicant while working as Railway Engine Driver in the scale of Rs. 1350-2200 was promoted as officiating Passenger Driver in the scale of Rs. 1600-2660 vide letter dated 12.10.1989. As per the rule, a Government servant is required to submit his option for fixation of his pay in the promotional post either from the date of promotion or from the date of his next increment in the lower grade. Accordingly, the applicant has also, along with others, submitted hi...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(2)SLJ80CAT
1. By filing this O.A., the applicant has sought the following main reliefs: "8.1 to quash the adverse remarks for the appraised year 2001-2002 communicated by memo dated 18.12.2002. 8.2 to quash the memo dated 16.9.2003 rejecting the representation of the applicant. 8.3 to declare that the exercise of writing the adverse remarks and rejecting of representation is void illegal and arbitrary." 2. The brief facts of the case as stated by the applicant are that he joined the State Police Service (for short 'SPS') as Deputy Superintendent of Police.\He was inducted into Indian Police Service (for short 'IPS') vide notification dated 15.2.2000, Before he was inducted into IPS-his seniority in the SPS was wrongly fixed. He filed a writ petition before the Hon'ble High Court of MP which stood transferred and registered as Transferred Application No. 1197/1988 on constitution of the M.P. Administrative Tribunal, Jabalpur. The said T.A. 1197/1998 was allowed vide order dated 2.12.1997 with a d...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(3)SLJ260CAT
1. By filing this O.A., the applicants have sought the following main reliefs : "(a) Quash the impugned eligibility list (Ann.A-1) holding it to be illegal & against the rules. (b) Direct the respondents to prepare a fresh eligibility list based on integrated seniority list (Ann.A-2) with correction if any & conduct the selection strictly as per rules. (c) Direct the respondents to place the applicant No. 2 at S. No. 4 below Shri D.P. Saha & above Shri B.L. Kori and also, applicant No. 1 above Shri R.K. Saxena at S. No. 6. 8(e) To direct the respondents to give pre-promotional training to the applicant failing which entire process of selection may be quashed in the interest of justice".2. The brief facts of the case are that the applicants are working in the grade of Rs. 7450-11500 on regular basis w.e.f. 1.3.1993. They are eligible for promotion to the next higher grade of Assistant Commercial Manager in the scale of Rs. 7500-12000. As per Para 201 (1) of the Indian Railw...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(2)SLJ68CAT
1. By filing this O.A. the applicants have sought the following main reliefs: "(b) Set aside the impugned order dated 9.10.2001 Annexures A/4 and 9/10.11.2001 Annexure A/5. (c) Consequently, command the respondents to treat the Department of Post in Ministry of Communication as included in the Examination of Engineering Services, 2002 and, according grant five years age relaxation to the applicants in the said examination." 2. The brief facts of the case are that the applicants are working as Junior Engineer (Civil) under the respondent No. 4. They have sent an application to appear in Engineering Services Examination conducted by the Union Public Service Commission (in short' 'UPSC') in response to an advertisement dated 19.1.2002 (Annexure-A-7). As per Para 3(11) (b) of the said advertisement, the employees working in the following departments have been granted age relaxation of 5 years in the upper age limit upto 35 years:-- Railway Department, Central Public Works Department, Engi...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(1)SLJ353CAT
1. By filing this original application, the applicant has sought the following main reliefs: "(i) to quash the order dated 1.4.98 (A-3) to the extent it grants the Selection Grade to the applicant w.e.f. 1.4.97. (ii) to direct the respondents to award Selection Grade to the applicant w.e.f. Feb/Mar 1996. (iii) to quash the memo dated 23.12.99 (A-5), rejecting the representation of the applicant, as being void, illegal and arbitrary. (iv) to quash the supersession orders dated 14.6.2000 and 17.7.2000 (A-6 & A-7) by which the respondents No. 3 to 11 have been awarded the Selection Grade to the detriment of the applicant as being void, illegal and arbitrary. (v) to direct the official respondents to grant the Super Time Scale to the applicant w.e.f. the date his juniors (respondent Nos. 3 to 11) have been awarded the Selection Grade i.e. 14.6.2000." 2. The brief facts of the case are that the applicant was appointed to the Indian Administrative Service (for short 'IAS') by promotion ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Jabalpur
Reported in : (2005)(1)SLJ312CAT
1. The applicant was serving as a Technical Officer and in a major penalty charge-sheet issued to him, having been found guilty of the charges levelled against him in the departmental inquiry was visited with a penalty of reduction to lower post of Research Investigator vide order dated 29.11.99. Prior to the finalization of the inquiry the applicant was placed under suspension from 6.8.97 to 1.9.99. After he was visited with the major penalty of reduction to the lower post of Research Investigator in the scale of Rs. 5500-9000 for a period of three years with effect from 2.9.99, the period of suspension from 6.8.97 to 1.9.99 was regularised by the Competent Authority vide order dated 14.8.2000 and it was directed that this period be regularised as leave and since there was no E.L at his credit, the applicant was directed to apply for extraordinary leave. In the same order it was observed that since the whole period was to be treated as extraordinary leave for which no leave salary wa...
Tag this Judgment!