Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2008)(98)SLJ362CAT
1. The dispute brought for adjudication in this O.A. is how the applicant, a Member of Indian Railway Traffic Service, 1974 Batch was not promoted from the level of Senior Administrative Grade to Higher Administrative Grade in the selection for the year 2006 although he had no adverse entry in the confidential records throughout his career. The applicant got his promotion upto the level of the SAG without any hindrance. He got his promotion in the SAG in 1994. He was considered for promotion to the next higher level i.e. Rs. 22,400/24,500/- in the year 2006 along with other officers within the zone of consideration.However, he was not promoted although some of his juniors in service got promotion to the HAG superceding him. The applicant says that such supercession was unfair and illegal as no adverse entry was ever communicated to him by the respondents at any stage of his working career.2. The applicant further says that in July, 2006 it was stated by one of the senior officers in t...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2007)(3)SLJ96CAT
1. The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 challenging the impugned order dated 3.5.2005 and 3.1.2006 issued by the Under Secretary Govt. of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi in respect of non-considering his representation for relaxation of recruitment rules as well as for promotion to the post of Private Secretary by violating the guidelines and instructions issued by DOP & T dated 25.5.98 and recruitment rules for the post of Private Secretary by violating the guidelines and instructions issued by DOP & T dated 25.5.98 and recruitment rules for the post of Private Secretary published by the Ministry of Finance dated 1.12.2001 which has been forwarded by the Under Secretary, Ministry of Finance received by DRT- (1) Kolkata dated 31.1.2002 and non-consideration of the applicant's representation dated 11.8.2005, 26.9.2005, 14.12.2005 and 6.2.2006 for promotion to ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2008)(1)SLJ176CAT
1. The applicant, Umesh Kumar Mahato and others total 15 in number, have filed this case under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs: (a) Let the application be allowed to move before the Hon'ble Tribunal by the applicants jointly on common cause of action under Section 4(5)(a) of the CAT Procedure Rules, 1987 as amended time to time; (b) Direct the respondents to cancel and/or set aside the impugned employment notice dated 25.7.1997 as set out in document A-1; (c) Direct the respondents to cancel and/or set aside impugned panel dated 26.5.1999 as set out in document A-6; (d) Direct the respondents to cancel and/or set aside the impugned recruitment right of the persons who have already been given recruitment out of the aforesaid impugned employment notice and impugned panel for the Group 'D' post; (e) Direct the respondents to publish fresh employment notice by calling for actual number of UR candidates including the applicant, Reserve...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2008)(2)SLJ30CAT
1. The applicant, Shri Narayan Ch. Das has filed this OA challenging the charge sheet dated 29.1.90 (Annexure A/1), the order of the Disciplinary Authority dated 28/31.10.02 (Annexure A/12) and the order of the Appellate Authority dated 15.7.03 (Annexure A/15).2. The fact of the case in brief is that the applicant was a Rest-Giver Assistant Station Master to the regular Station Master Shri L.N. Majhi at Quarry-Siding Railway Station. Shri S.R. Das was another such Rest-Giver Station Master. The applicant has alleged that T-39 Register indicated receipt of two Box Wagons of Steel Plates by Shri Majhi in February and March, 1987. These were for ultimate delivery to M/s Bhagawati Iron & Steel Hardware Depot a Bhubaneswar. Their Agent Sambhu Kedia took delivery of major part of the Steel Plates by gas cutting in presence of Shri Majhi as witnessed by Shri Kalipada Dey a prosecution witness. Supplier did not get cost of the materials and reported the matter to CBI, Rourkela. Their Insp...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2008)(2)SLJ332CAT
1. Since both the O.As. have been filed by the same applicant and as the relief claimed are inter-related, they are taken up together for disposal by this common order. However, for reasons of convenience, we shall deal with O.A. 644/02 in this order.2. Mr. P.K. Guha, applicant, presently working as Deputy Director General, All India Institute of Hygiene and Public Health, Calcutta, under the M/o Health and Family Welfare, Govt. of India, has filed O.A.644/02 assailing the memorandum of charge No. C 13011/12/98-Vig. Dated 13.6.05 being mala fide and harassing in nature. He has also filed O.A.264/06 being aggrieved that he has not been given appointment to the post of Director, Central Drug Laboratory, Calcutta despite his selection by the UPSC.3. The case of the applicant is that impugned charge memo has been served on him with an ulterior motive to thwart his career progression and for his appointment to the post of Director, Central Drug Laboratory (CDL for short) at Calcutta, to wh...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2007)(2)SLJ48CAT
1. Since all these O.As. are similar in nature, they are being taken up together and are being decided by this common order. For the sake of convenience we are taking up O.A. 755/05, the first of all the three O.As., for detailed consideration and reasoning thereof will be applicable to all the three O.As.2. In O.A. 755/05 the applicant Dr. Sudarshan Mondal has filed an application Under Section 19 of the A.T. Act, 1985 claiming the following reliefs: (a) An order holding that the denial of promotion as Chief Medical Officer (Non-Functional Selection Grade) and his supersession by his juniors in the matter of such promotion are wholly arbitrary and bad in law. (b) An order directing the respondents to review the DPC relating to promotions to the post of as Chief Medical Officer (Non-Functional Selection Grade) made under Dynamic Assured Career Progression Scheme in the year 2002 as well as in the year 2005 and to consider the case of the applicant for such promotion and to grant all c...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2007)(1)SLJ350CAT
1. Shri A.K. Malhotra now working as Chief Personnel Officer, Eastern Railway, Calcutta has filed this application challenging fixation of his seniority in the cadre of Indian Railway Service of Mechanical Engineering vis-a-vis Shri R. Khosla, respondent No. 3, now working as Chief Personnel Officer, Western Railway, Churchgate, Mumbai. He has prayed for the following reliefs: (a) to pass an appropriate order directing upon the respondents to assign the appropriate seniority to the applicant as per Classified List of the Gazetted Establishment of Mechanical Department published in the year 2000. Following this list, the applicant's seniority position should remain at 08 positions above that of Shri R. Khosla. (b) to pass an appropriate order directing upon the respondents to assign the correct relative seniority position of the applicant, vis-a-vis, the respondent No. 3 in terms of the Railway Board's Circular dated 10.4.1970 as well as judgment and order passed by the Hon'ble CAT, Al...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2007)(1)SLJ119CAT
1. Sri Madan Mohan Bar, Ex-Driver-A of Kharagpur Division of S.E. Rly, has filed this O.A. seeking the following reliefs: (a) An order directing and quashing the disciplinary proceedings started by the Disciplinary Authority as it is totally in violation of the Statutory Rules and of the principles of natural justice; (b) An order quashing the incomplete enquiry report of the biased Enquiry Officer who has concluded the enquiry in violation of the statutory rules as stated in Paragraph 4 and in violation of the principles of natural justice and of the principles of the reasonable opportunities; (c) An order quashing the removal order of the Disciplinary Authority passed on the basis of incomplete enquiry report of the biased Enquiry Officer when his letter/representation dated 7.9.95 was pending before the authority and when his letter dated 4.10.95 addressed to the Disciplinary Authority was pending before him for his consideration which was written by him in reply to this letter dat...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2007)(1)SLJ48CAT
1. Shri Arup Kr. Biswas, Radiographer, Metal and Steel Factory, lchhapore, has filed this O.A. assailing the impugned order of penalty dt. 10.9.99 passed by the Disciplinary Authority and the impugned order dt. 16.8.2000 passed by the Appellate Authority confirming the punishment imposed by the Disciplinary Authority.2. The applicant has challenged the said impugned orders on the ground that the departmental enquiry was held in complete violation of the principles of natural justice inasmuch as the Inquiry Officer failed to supply him copies of the statement of the witnesses who were likely to be examined in course of the proposed enquiry and those who had appeared at the preliminary enquiry before the Board of Enquiry; secondly, that the applicant was not supplied with the report of the preliminary enquiry although the Disciplinary Authority heavily relied upon the said preliminary enquiry report in dissenting with the findings of the Enquiry Officer; thirdly, that the Disciplinary A...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2006)(92)SLJ327CAT
1. 7 (seven) applicants, who are working as O/S Grade I in the Office of CCM/Claims, S.E. Railway, Calcutta, have jointly filed this application challenging the selection process initiated by the respondents for filling up ten newly created posts of Chief Office Superintendent.2. The applicants belong to unreserved community and at the relevant time they were working as O/S Grade I under the respondents. By a Railway Board letter dated 10.5.98 by way of restructuring, 10 posts of Chief Office Superintendent in scale of Rs. 7450-11500 have been created in Claims Section of CCS Office of S.E. Railway, Calcutta with effect from 10.5.98. The applicants were hopeful to get promotions in the aforesaid higher posts, but to their utter dismay they found that the respondent authorities have called ten persons, who are private respondents in this OA, (all of whom belong to reserved category), in the selection process. The applicants contend that without disclosing the break-up of the vacancies ...
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