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Indian Laws - Tribunal - Case Laws
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- 2019 (3) TMI 1974
Supersession to Indian Administrative Service (IAS) from Orissa administrative Service (OAS) - Legality of selection process for promotion to the Indian Administrative Service for the year 2015 and 2016 - validity of notification regarding promotion of the officers of State Civil Service of Odisha to the IAS for the vacancies of the year 2015 - Violation of IAS (Recruitment) Rules, 1954 read with the IAS (Appointment on Promotion) Regulations, 1955. Whether the minor penalty imposed on the applicant vide order dated 24.9.2011(Annexure-A/6 to the OA) can be considered more than once for denying promotion of the applicant to IAS, particularly since the CCRs of the applicant continue to be ‘Outstanding’ for which State Government recommended his case for years 2013 to 2017? - HELD THAT:- From the guidelines of DOPT OM dated 28.4........ + More
- 2017 (9) TMI 1698
Representation of the applicant made in reply to the Charge Memorandum - Commencement of inquiry proceedings - Held that:- The main ground raised by the applicant in view of the contention of the respondents and the other grounds of the applicant, are required to be examined in detail - Further, as submitted by the respondents’ counsel that the inquiry has not yet been commenced, the prayer for interim relief shall be considered after filing of counter by the respondents or at an appropriate time, if the applicant shows any urgency. Issue notice.
- 2017 (2) TMI 1228
Legality of promotion to the cadre of ACIT on the basis of All India level seniority list pertaining to the cadre of Income Tax Officers (ITO) - Held that:- There exists no All India seniority list pertaining to the cadre of ITOs based on the principles/ directions of the Hon’ble Supreme Court in N.R.Parmar (2012 (12) TMI 872 - SUPREME COURT ). The fact that the cadre of ITO is a feeder cadre for promotion to the cadre of ACIT cannot be disputed. We find some considerable force in the argument of Shri M.S.Trivedi that if the respondents were to effect promotion to the cadre of ACIT on the basis of the existing All India level seniority list of ITOs as on 01.01.2012 (pre-Parmar) circulated through the letter dated 01.09.2015 vide Annexure A/1, there is likelihood of some of the ITOs who were given deemed date of eligibility based on the de....... + More
- 2017 (1) TMI 1600
Promotion to the post of Commissioner of Income Tax - the promotion of applicant was not put in sealed cover as it was not approved - no criminal or disciplinary proceedings were pending against the applicant - Held that:- On the date of consideration for promotion to the post of Commissioner of Income Tax by the DPC, i.e. 05.06.2015, no criminal or disciplinary proceedings were pending against the applicant. He was found fit by the DPC and recommended for promotion. ACC, however, did not approve his promotion and desired that all complaints be decided. As a matter of fact, no complaint was pending against the applicant. The only criminal case registered against him had been closed by the investigating agency (CBI) itself and the closure report filed u/s 173 CrPC was accepted by the Special Judge, CBI. The case of the applicant is squarel....... + More
- 2017 (1) TMI 1218
Company Petition under Insolvency and Bankruptcy Code, 2016 for realization of this money - Default by Corporate Debtor - Objective under MRU Act - Whether an order could be passed u/s.7 of the Code or not? - Held that:- This Bench, on perusal of this documents filed by the Creditor, it is evident that the Corporate Debtor defaulted in making payments as mentioned above, and he has placed the record of the default with Information Utility and he also placed the name of the Insolvency Resolution Professional to act as interim resolution Professional, having this Bench noticed that default has occurred and there is no disciplinary proceedings pending against the proposed resolution professional, therefore the Application under sub-section (2) of section 7 is taken as complete, accordingly this Bench hereby admits this Application declaring ....... + More
- 2016 (6) TMI 1230
Holding DPC for the purpose of promotion from the cadre of Income Tax Officer (ITO) to the cadre of Assistant Commissioner of Income Tax (ACIT) for the vacancy year 2014-15 - Held that:- No material whatsoever has been placed by the respondents before the Tribunal to show that even if the DPC were to consider the officers in the cadre of ITOs as per the All India Seniority List to be published in terms of N.R.Parmar (2012 (12) TMI 872 - SUPREME COURT), the applicant is not entitled to be considered for promotion. They should have pointed out the total available vacancies for the vacancy year 2015-16 and the approximate position of the applicant in the proposed seniority list. No such exercise was undertaken. It is not the case of the respondents that there are several other officials, who are senior to him in the cadre of ITOs before the ....... + More
- 2014 (4) TMI 1181
Seniority between Income Tax Inspectors of the Income Tax Department - wilful disobedience in matter - Held that:- Chairperson of the C.B.D.T has submitted an affidavit on behalf of the respondents in which she has categorically denied any willful disobeyed in this matter. She has stated that the seniority list of ITOs working under different charge is maintained by the respective charges (CCAs). However, for the purpose of consideration of ITOs for the promotion to the grade of ACITs, all India seniority list of ITO of different charges is prepared based on the seniority list furnished by different charges. All India seniority list of ITOs as on 31-12-2011 has been prepared after collecting region-wise seniority list from CCIT (CCAs) of 18 regions. This list was placed on the website of the department calling for remarks of persons conce....... + More
- 2014 (1) TMI 1913
Jurisdiction - power of Board requiring industrial units to furnish bank guarantee - invocation of the bank guarantee by the State Board on the alleged breach is penal and thus impermissible under the provisions of the Air Act and the Water Act or not - whether the order of the appellate authority suffers from the infirmity of taking into consideration irrelevant matters and grounds - invocation of the bank guarantee is or not in terms of the bank guarantee - HELD THAT:- It is clear that the Board has preventive, punitive and curative powers. While reading the object and reasons in conjunction with Sections 16 to 18 and Section 31A of the Air Act, it is clear that the powers of the Board to issue directions are to be exercised with the primary object of prevention, control and abatement of air pollution. The most fundamental aspect of env....... + More
- 2014 (1) TMI 1893
Jurisdiction of requiring industrial units to furnish bank guarantee - invocation of the bank guarantee by the State Board on the alleged breach - HELD THAT:- Keeping in view the legislative scheme and the object of the Air Act, it is evident that the Board is not incapacitated to issue a direction which may not be prohibitory or of closure in substance and application, but may be regulatory with an object to ensure that anti-pollution devices and anti-pollution measures are adopted to prevent and control pollution. For this purpose, the Board may require an industry to furnish a bank guarantee which would serve dual purposes. On the one hand, it would provide incentive to an industry to install anti-pollution devices so as to ensure non-encashment of the bank guarantee, while on the other, in the event of default, resulting in pollution,....... + More
- 2013 (8) TMI 253
Applicability of Section 129(6) of the Customs Act on a person appointed as member(judicial) of CESTAT – Held that:- The phrase “on ceasing to hold the office……………………..”member” shall include only those members who acquired right to hold office after their confirmation and not a member who is discharged during probation – Also, in terms of Rule 3(2) of Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Condition of Service) Rules, 1987, a Commissioner of Customs who has held such office at least for three years is qualified for appointment as Member (Tech). On not found fit for being confirmed on said post, he is liable to be reverted back to his original post, i.e. Commissioner (Customs). It is quite possible that on reversion, such Commissioner may represent Revenue before CESTAT as legal representative. Thus, a ....... + More
- 2012 (6) TMI 843
... ...
... ... ..... not tenable. In the result, the orders dated 12.01.2012 and 03.02.2012 are quashed and set aside with direction to the respondents to revoke his suspension and to reinstate him in service. The applicant would be entitled to legally admissible consequential benefits. 48. We make it very clear that taking note of the grave charges leveled against him, the applicant may be posted in a non-sensitive post where the Competent Authority considers that he would have neither access to the relevant records nor would have opportunity to influence the witnesses. We also further add that if at any point of time in future the criminal trial proceedings commence by the trial court, the respondents would have the liberty to consider the possibility of keeping the officer under suspension at that point of time if the facts and circumstances so warrant. 49. In terms of the above orders, directions and observations, the Original Application is allowed. There shall be no order as to the costs.
- 2012 (3) TMI 48
Difference of opinion of members of Tribunal - Plea filed by applicant being Accountant Member of the ITAT, Chandigarh for invalidation of the transfer order by averring that it is punitive in character – alleged difference of opinion in a judicial matter with private Respondent No.4, who made complaint against him – Held that:- In present case, applicant retained draft judgement of private Respondent No.4 for more than one month, which does not appear to be appropriate and then returned it with contrary view. Applicant must have followed the procedure to be adopted by a Member who wishes to dissent from a draft judgment thus, applicant cannot himself be said to be free from blame.Further, we have not been persuaded to fault the wisdom exercised by the collegium in the matter of making a recommendation for transfer of the applicant from Chandigarh Bench of ITAT to the Rajkot Bench. Therefore, O.A. is held to be denuded of merit – appeal dismissed.
- 2010 (11) TMI 862
... ...
... ... ..... ent cannot be sustained and the respondent has to be re-instated, in service, for the reason that the earlier discharge was on account of those criminal proceedings and conviction only, the appellants are well within their rights to deny back wages to the respondent for the period he was not in service. The appellants cannot be made liable to pay for the period for which they could not avail of the services of the respondent. The High Court in our view, committed a grave error, in allowing back wages also, without adverting to all such relevant aspects and considerations. Consequently, the order of the High Court in so far as it directed payment of back wages are liable to be and is hereby set aside. 12. These judgments have been referred to in the impugned order. No effort was made by the counsel for the applicant to distinguish his case from these judgments, therefore, this case being fully covered by the above judgments is dismissed at the admission stage itself. No costs.
- 2008 (12) TMI 455
... ...
... ... ..... dvocate for the Applicant has no objection to this condition. 5. emsp The learned counsel for the first Respondent has also not opposed this. 6. emsp In view of the discussion above, the vacancy notice dated 19-7-2008 (Annex. A-2) is quashed. Applicant rsquo s selection to the post of Judicial Member, CESTAT has already been approved by the Appointments Committee of the Cabinet. The first Respondent is directed to hold a fresh interview for one post of Judicial Member of CESTAT including the second Respondent and seven other candidates who had been interviewed earlier by the Selection Board on 5-4-2008. The inter se seniority between the Applicant and the second Respondent will be decided on the basis of the marks secured by them in the interview, as agreed between the parties. The above directions may be complied with as expeditiously as possible and preferably within three months of the receipt of a certified copy of this order. There will, however, be no order as to costs.
- 2008 (7) TMI 674
CESTAT Member - Eligibility therefor - Computation of Age - Statutory rules vis-a-vis notification - Interpretation of statutes
- 2007 (4) TMI 409
CESTAT Member - Delay in passing order - Strictures against President, CESTAT and Department of Revenue - President, CESTAT
- 2006 (6) TMI 438
... ...
... ... ..... is not mandatory on the part of the Government to accept the recommendations of the Committee. Thus the annulment of the applicant rsquo s name after taking into consideration of the fact relating to his name being on the Agreed List cannot be objected to. 27. emsp We are therefore of the considered opinion that decision taken by the ACC in its second meeting for annulment of the approval accorded earlier to the appointment of applicant as Member (Technical) CESTAT is based on sound reasoning. Also there is no violation of the principles of natural justice in not giving opportunity to the applicant for giving his say on the issue relating to his name being on the Agreed List. Moreover, the applicant has no vested legal right of appointment on the post of Member, CESTAT. We, therefore, do no find any legal infirmity in the procedure adopted by the respondents and see no reason for interference in judicial review. Thus, the OA lacks merit and is dismissed accordingly. No costs.
- 2003 (7) TMI 641
... ...
... ... ..... ) M.K. Bhanot v. UOI, reported in 1995 (1) CAT - MAT 29. Therefore, in the absence of any material or records, the adverse entries made in the applicant rsquo s ACR for the period 1-4-2000 to 31-3-2001 deserves to be expunged. 31. emsp In the light of the discussion above, we hold that the applicant has made out a case for himself and he succeeds. We hold that the ends of justice would be met if the following orders are passed - (a) The respondents are directed to expunge the adverse remarks contained in the ACR of the applicant for the period 1-4-2000 to 31-3-2001. (b) The impugned order dated 28-6-2002 is quashed. 32. emsp The OA is allowed to the extent indicated above with no order as to costs. 33. emsp Before parting with the case we record our appreciation to Shri Habibullah Basha, Senior Counsel for the applicant and Shri V.T. Gopalan, Addl. Solicitor General for the respondents for the objective manner in which the facts of the case were presented without any rancour.
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