Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(3)SLJ19CAT
1. This case has a chequered history of litigation. In order to understand the' grievance of the applicant it is necessary to state very briefly the background facts.2. The applicant joined service under the Eastern Railway as Clerk, Gr.II on 8.9.1956. After passing departmental examination, he was promoted to the post of Clerk, Gr. 1 and posted in the office of the Chief Accounts Officer at Fairle Place with effect from 11.5.1959 and was confirmed w.e.f. 10.10.63. The applicant went on leave from 7.10.1970 and left for his home town in Bihar during the Puja holidays. It is alleged that the applicant had been suffering from piles and hence he could not join his duties after the Puja holidays, and reported sick.It is his case that from his native place he had been sending leave applications with medical certificate and in the absentee statement issued by the office, against his name a remark "Reported sick" was shown. It is stated that in October, 1972 the applicant was declared fit by...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2004)(2)SLJ69CAT
"(a) to direct the respondents to cancel, withdraw and/or rescind the impugned: (iv) order of dismissal from service dated 22.11.2000 including the recommendation dated 13.10.2000 of the UPSC; (b) to direct the respondents to allow the applicant to discharge his due duties and functions attached to the post as usual as before till he attains the age of superannuation; (c) to direct the respondents to produce the entire records of the case to this Hon'ble Tribunal for adjudication of the points at issue" 2. The relevant facts. The applicant was a member of the Indian Administrative Service. He was of 1976 batch and belonged to West Bengal cadre. It is averred that the applicant worked in various capacities including Additional District Magistrate, 24 Parganas (South) successfully, yet he was superseded in the matter of promotion in April, 1994 and was placed under suspension vide order dated 25.4.94. A charge-sheet dated 2.6.94, containing five charges, was served on him. The charges r...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2004)(1)SLJ187CAT
1. This CPC has been filed against wilful, deliberate and contumacious violation and/or disobedience of the directions given by the Hon'ble Tribunal in the order dated 26.11.91 (Annexure-A/1) passed in O.A. No.355/1989. It has been alleged that inspite of the directions of the Hon'ble Tribunal the petitioners were not considered for promotion alongwith other members of the staff of the Coal Controller, respondent No. 2 on the next chance of promotion being available which became available after the said decision.2. The relevant portion of the Tribunal's judgment dated 26.11.91 is reproduced as under:- "13.....that finalisation of Recruitment Rules is pending since 1978 is an admitted position. It is also the admitted case that the two cadres, even if they are distinct as stated by the respondents, are interchangeable as the staff from 'non-planned post' used to work in 'planned post' and were withdrawn from there. This interchangeability posts, without having any recruitment rule, can...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(3)SLJ212CAT
1. The applicant has filed this O.A. praying for a direction to the respondents to grant him Non-Functional Selection Grade (NFSG) with effect from 1.2.96 instead of 1.3.98.The applicant joined service as Jr. Scientific Officer on 16.2.71 and was posted at Defence Metallurgical Research Laboratory, Hyderabad under the control of Defence Research Development Organisation (DRDO), Ministry of Defence, New Delhi. He got several promotions and finally came to be promoted in the Junior Administrative Grade (Non-Functional Selection Grade) in the Defence Quality Assurance Service in the scale of Rs. 14,300-18,300/- w.e.f. 1.3.98.According to the applicant, Defence Quality Assurance Service (DQAS) cadre to which he belongs, consists of seven disciplines, viz. (1) Armaments, (2) Military Explosive, (3) Metallurgy, (4) Chemistry, (5) Gentex, (6) Electronics and (7) Vehicles/ Engineering. These disciplines have been divided into two viable groups having technical/ functional similarities. The fi...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(3)SLJ191CAT
1. The applicant was a member of the Indian Administrative Service. He retired from service from 1.9.95 on attaining the age of superannuation. After his retirement, the Chief Secretary to the Government of West Bengal issued memorandum dated 29.10.96 communicating the applicant that the Governor had proposed to hold an inquiry under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 against him. In paragraph No. 2 of the said memo it was further communicated that sanction of the Central Government under Sub-clause (i) of Clause (b) of the proviso to Rule 6(i) of All India Service (DCRB) Rules, 1958 had been obtained. On receipt of the said memorandum the applicant submitted his representation on 6.12.96 to the Chief Secretary stating the Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 was not applicable to him as he had already retired from the service.2. The case for the applicant is that the provision of All India Services (Conduct) Rules, 196...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(2)SLJ396CAT
1. The subject matter of this O.A. is the transfer order dated 25.6.02 whereby the applicant has been transferred from Kolkata to Burdwan on the same post.It is averred that the applicant is a member of IRS and since 1976 he has worked in various capacities at various places and has endeavoured to the best of his abilities in the interest of the Department. It is further stated that on 26.6.01 the applicant was posted as Commissioner of Income Tax, West Bengal XI. This post was subsequently redesignated as Commissioner of Income Tax, Kolkata XI w.e.f. 1.8.2001. During the financial year 2001-02 the performance of the Department under the applicant's charge was very good in as much as the total collection was Rs. 20.78 crores against the targetted figure of Rs. 23.78 crores. It is further stated that despite the good performance of the applicant, and the D.O. letter dated 15.1.01 issued by the Chairman, Central Board of Direct Taxes he has been transferred. The further case for the app...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(2)SLJ392CAT
1. The applicant, who is working as Lever man/Pointsman in Dankuni West Cabin under the Station Manager, Dankuni, Eastern Railway, has filed this O.A. challenging the order of the disciplinary authority dated 6.2.96 imposing a minor penalty of stoppage of increments on the applicant, the appellate order dated 15.10.96 and the order of the reviewing authority dated 3.2.97 rejecting the appeal/review petition filed by the applicant against the aforesaid penalty order.2. The applicant was served with a charge-memo for imposition of minor penalty on 2.1.96 (Annexure-A). The imputation of misconduct against the applicant was to the following effect:-- "Averted collision between 3133 UP and C-275 took place at DKAE on 17.12.95 during his duty hours as he reported to ASM on duty West Cabin from L.C. Gate about clearance of fouling Mark between UP HBC and UP Reversible Line without physically checking the same although he was asked to do so by ASM on duty." The applicant gave his explanation ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2004)(1)SLJ105CAT
1. The applicant, who is a retired Station Master, Bandel, under the Divisional Railway Manager, Eastern Railway, Howrah, has filed this application under Section 19 of the Administrative Tribunals Act, 1985, mainly for a direction to the respondents to refund him a sum of Rs. 23,508/-, which was recovered from his towards overpayment which accrued w.e.f. 1.1.84, by deducting the amount from his DCRG and for a further direction for fixation of his pay according to the last actual pay drawn on the date of retirement.2. The applicant's contention is that while he was working as Station Master vide office order dt. 25.2.87/6.4.87, his pay was fixed at Rs. 600/- from 1.1.84, Rs. 620/- from 1.1.85 and Rs. 640/- from 1.1.86 in the scale of Rs. 425-640/- (RS) with effect from 14.2.84 and 26.3.84 against released vacancies due to restructuring when he was working as Asst. Station Master and accordingly, the applicant received his salary from time to time on the basis of that pay fixation. Vid...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2004)(1)SLJ286CAT
1. This O.A. has been filed in the background of the following circumstances.2. The applicant was a railway servant and he retired as Senior Engineer from the Eastern Railway on 31-5-1992. The applicant was originally appointed in the Eastern Railway as Junior Clerk in the year 1958. However, from August 1981 to July 1989 he was in the Chittaranjan Locomotive Works (CLW) in the Senior Scale of Assistant Engineer.Before his retirement he had been served with major penalty charge-sheet in the year 1990. He was charged with offence of mis-conduct of grave nature that in his capacity as Member of Tender Committee/Accepting Authority he called tenders and instead of accepting the lowest tender he accepted the tender of higher rate. As many as five charges had been framed against him. He was granted provisional pension because of pendency of the disciplinary proceedings. He challenged the disciplinary proceedings by filling O.A.No. 876 of 1992 and the same was disposed of vide order dated 1...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(1)SLJ73CAT
1. This is an application under Section 19 of the A.T. Act, 1985 whereby the applicant calls in question the order of reversion dated 1.2.02 reverting him from the post of assistant Superintendent of Post Officer to the post of Inspector of Post Offices and the order dated 5.2.02 posting him as Inspector as also the order 5.3.02 rejecting his representation.2. The applicant joined the Postal Service on 28.6.78 as Postal Assistant. He was promoted to the post of Inspector of Post Offices on 28.8.86. He was further promoted as Assistant Superintendent of Post Offices of ad hoc basis. It is that on 15.6.98 a chargesheet was issued by respondent No. 1 and thereafter on enquiry he was punished with stoppage of five grade increments vide order dated 24.8.98, but on appeal the penalty was reduced to stoppage of increments for two years.It is further averred that the applicant was served another chargesheet on 7.8.2000 in which he was censured.The case for the applicant is that similarly situ...
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