Pension can't be withheld due to pending criminal case: CAT

Pension can't be withheld due to pending criminal case: CAT

 

New Delhi, Jun 7 (PTI) Pension and increments of a public servant cannot be withheld only on the basis a pending criminal case against him unless he is convicted, the apex administrative tribunal has held.

 

"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.

 

The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.

 

"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.

 

"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.

 

The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.

Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.

 

The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.

 

 

Source: Yahoo News

Principal Bench of the CAT to Remain Closed from 6 to 30 June 2011

Ministry of Law & Justice

Principal Bench of the CAT to Remain Closed from 6 to 30 June 2011

The Principal Bench of the Central Administrative Tribunal at New Delhi will remain closed from 6 June 2011 to 30 June 2011, on account of Summer Vacation.

During this period, a Vacation Bench will sit on Tuesdays and Fridays to hear and dispose urgent matters and matters that the Bench may direct.

The filing counter of the Registry will function as usual and will receive applications of urgent nature only. The filing of the applications during this period will be from 10.30am to 1.00pm.

CAT refuses to review its order sacking DD News scribes

CAT refuses to review its order sacking DD News scribes

New Delhi, Feb 11 (PTI) The Central Administrative Tribunal today refused to review its earlier order quashing the appointment of 25 Doordarshan News anchors and reporters on the

grounds of irregularities in their appointment.

A CAT bench headed by chairman V K Bali refused to review its earlier order given in September last.

The CAT had quashed the appointment of 25 news anchors and reporters posted at Doordarshan News, saying the public broadcaster Prasar Bharati had committed "irregularities" to favour

some candidates to get into DD News.

The tribunal had found that rules for appointment were changed arbitrarily at the last moment at the interview stage to favour some candidates who did not perform well in the written

test.


Source: PTI

CAT upholds dismissal of woman clerk on graft charges

CAT upholds dismissal of woman clerk on graft charges

New Delhi, Feb 2 (PTI) The Central Administrative Tribunal has upheld the dismissal of a woman clerk of Jammu Cantt-based Kendriya Vidyalaya, saying the move is a right punishment for people involved in corruption.

CAT's Delhi-based principal bench upheld the dismissal of Upper Division Clerk Sangeeta Ashok, ignoring the lacunae in the evidence against her, saying evidence in disciplinary proceedings against an erring employee need not be as full-proof as those required for conviction in criminal cases.

"The strict rules of evidence are not applicable to the disciplinary proceedings. The standard of proofs required to be proved in the judicial matters are not the same as in criminal cases," ruled the CAT's bench comprising members Dharam Paul Sharma and Ramesh Chandra Panda.

The bench endorsed her dismissal on the basis of a Supreme Court ruling, which said, "In cases involving corruption, there cannot be any other punishment than dismissal.

Source: PTI

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CAT strikes down termination order of PGT teacher

CENTRAL ADMINISTRATIVE TRIBUNAL

CAT strikes down termination order of PGT teacher

The Central Administrative Tribunal has struck down the termination order given to a post graduate teacher by the Delhi Education Department, terming it as “cryptic and non-speaking”.

While directing the secretary, Education Department of Delhi, to consider the whole issue afresh, the Tribunal declined to confer any financial benefit to the teacher.

“Evidently, the termination order being cryptic and non-speaking is not in accordance with the stipulations of the basic scheme of re-employment. On this ground alone, we do not find the order in the present form as sustainable in law and strike it down as ultra-vires,” the Tribunal, comprising members Veena Chhotray and Shanker Raju, said.

Vijaya Kumar Mudgal, who was re-employed for a further period of two years after his superannuation in 2007, approached the Tribunal challenging the termination of his services with retrospective effect.

In 2009, the department passed the order terminating his services with a retrospective effect from July 2008.

While the department claimed that the termination was necessary as Mudgal went on leave for eight months without proper sanction and authorisation, the petitioner said he was “medically unfit” during the said period.

On perusing the documents, the Tribunal sent the matter back to the department for reconsideration.

“We are of the considered view that it would meet the ends of justice by remitting the matter back to respondents for reconsideration of the entire case at the senior-most level that is The Secretary, Department of Education for taking a fair and dispassionate view,” it said.

Employees may not be able to challenge CAT judgement in SC

Employees may not be able to challenge CAT judgement in SC

NEW DELHI: Bad news is in store for government employees contesting matters relating to their service conditions in the Central Administrative Tribunal (CAT) as they may not be able to challenge the judgement in the Supreme Court.

Government employees not satisfied with CAT orders on their service matters will continue to appeal in High Courts as government's plan to enable them approach the apex court directly has received a thumbs down from the top law officer.

Recently, the Department of Personnel had asked the Law Ministry whether the present system of CAT orders being challenged in High Courts be changed to fast track disposal of cases of government employees relating to their service conditions and employment rules.

The Law Ministry referred the matter to Attorney General Ghoolam Vahanvati who opined against the move saying a 1997 Supreme Court judgement on the issue should continued to be followed.

"As of now, the buck stops here (on the issue)," Law Minister M Veerappa Moily told PTI when asked to comment on Vahanvati's opinion.

He said his ministry was trying to find a solution. "But I would not like to add anything more to it," he added.

When the CAT was established in 1985 by an Act of Parliament, its rules clearly stated that its judgements on service related matters of state and central government employees can only be challenged in the apex court.

While the same rules is in operation even today, a 1997 Supreme Court ruling held that judicial review is the basic feature of the Constitution and a High Court's power on judicial review cannot be taken away.

After the judgement, appeals against CAT rulings were entertained in High Courts.

"The Armed Forces Tribunal Act has been borrowed from CAT. Appeals against Tribunal's orders can only be challenged in the Supreme Court. But in CAT's case, it has become a three tier system...the entire purpose of CAT has been defeated," said a CAT functionary.

He said while CAT usually disposes off a case in six months, appeal in High Court often takes years.

"They pay Rs 50 as fee to move CAT, but they have to pay thousands of rupees in High Court...if the matter reaches Supreme Court, the time and cost involved is massive," he said.


Source: Economic Times

Devarajan's long wait for promotion

Devarajan's long wait for promotion

Kamesh Srinivasan
NEW DELHI: Indian boxing may have hit a high with medals in the Olympics and World Championships, not to forget two gold medals in the Asian Games, but the performance of one of the early achievers, V. Devarajan, who won Indian boxing's first bronze medal abroad in a World Cup in 1994, is yet to be recognised by his employer, the Railways.

Fighting for his right with the Railway Board for the last seven years, Arjuna awardee Devarajan had got a favourable verdict from the Central Administrative Tribunal recently, and hopes for a promotion to Assistant Sports Officer in the near future.

The 37-year-old Devarajan, a graduate, who had joined Railways in 1991, had been adjudged the ‘sportsperson of the year' by the Railways in 1995. He had won the national championship gold medal five times. He had also been adjudged the ‘best boxer' twice in inter-Railway championships.

However, his attempt to get promotion to the officer level from the clerical cadre had been constantly met with resistance from the Railway Board on some ground or the other, though he has been able to prove that sportspersons with much lesser credentials than he had got promotion. In fact, Devarajan had got a favourable order from the tribunal as far back as 2007, and subsequent appeal by the Railways in the High Court of Madras had been dismissed in 2008.

Having represented the country in the Asian Games, Olympics, World Championship, World Cup, Commonwealth Games and SAF Games, Devarajan had reached a career high World rank of No. 3. He had argued that boxers like Jitender Kumar and Akhil Kumar who had won World Cup bronze medals much recently had been given ‘out of turn' promotion by the Railways.

Devarajan was the second boxer after Zoram Thanga to win a medal in a World Cup. He won the Mayor's Cup in Manila in 1993, and the SAF Games gold in Chennai in 1995.

He had been drafted into the selection committee of the national federation and had also been part of the panel to select the Arjuna awardees. “The contention of the respondents that the applicant was not considered for promotion as he did not have due seniority is not correct,” observed the tribunal.

In its final verdict, the tribunal has recommended that appropriate orders be passed, promoting the applicant to the post of Assistant Sports Officer with all consequential benefits, and has also stipulated a time frame of three months for the execution of the order.

At a time when the Railways Minister Mamata Banerjee has been showering rewards, to the tune of a few crore rupees, on the sportspersons for their achievements in the Commonwealth Games and Asian Games, it is strange that a boxer of considerable merit, has had to fight the system for so long for a promotion.

Though justice has been delayed, Devarajan hopes it would not be denied, any further.

Source: The Hindu

Probationers can be sacked: CAT

Probationers can be sacked: CAT

A person working on probation can be sacked from service without prior hearing if his or her performance is not satisfactory, the Central Administrative Tribunal has held.

"A probationer's services could be terminated if his performance is unsatisfactory and the termination would be valid from all angles," the CAT's bench of members Veena Chhotray and Shanker Raju said in their ruling.

The country's apex tribunal to adjudicate government employees' dispute on service matters gave the ruling on a petition by a trained graduate teacher, Narbda Singh, a resident of Kushinagar (UP), challenging the termination order from Kendriya Vidyalaya Sangathan (KVS).

Singh opposed the order saying action was taken without being given an opportunity to present his case or to defend himself and that this had led to violation of the principles of natural justice.

The KVS justified its decision saying despite several opportunities and reminders he had failed to improve his performance prompting it to take the step under the KVS rules.

Satisfied with KVS's contentions, the tribunal rejected Singh's plea saying the termination did not violate the principles of natural justice.

"We do not find any punitiveness and victimisation in the termination order. The unsatisfactory performance is not the foundation of the order but is a motive as per the terms and conditions of the appointment letter.

"Such termination does not require prior hearing or following the principles of natural justice and the right to be heard," the tribunal said.

Source: Indian Express

Raise Retirement Age Of Headmasters: HC

Raise Retirement Age Of Headmasters: HC


More than 1,700 headmasters working under various Municipal Corporation Delhi (MCD) schools in the city have a good reason to cheer as a division bench of the Delhi high court on Tuesday asked the state government to increase the retirement age of government school headmasters by two years from 60 to 62 like those of teachers.


The division bench comprising Justices Pradeep Nandrajog and Siddharth Mridul said that the headmasters are also entitled to all the benefits granted to teachers as they also teach students besides performing other administrative duties.


The bench passed the order after dismissing a plea by the MCD, which had contended that the benefits granted to teachers cannot be extended to headmasters.
The MCD had moved the high court challenging the Central Administrative Tribunal’s (CAT) direction to raise the retirement age of headmasters from 60 to 62.


Hearing the petition filed by headmasters seeking raise in their retirement age by two years from 60 to 62, like those of teachers, the CAT had said that the headmasters, basically being teachers, continue to work as teachers and teach students till their retirement while performing additional administrative duties.
“In view of the matter, they cannot be denied the benefit of the government of NCR resolution merely because their incidental working is on the administrative side,” the tribunal had said.




Source: Asianage

CAT issues notice to Revenue Secretary, CBEC chairman

CAT issues notice to Revenue Secretary, CBEC chairman

Chandigarh, Sept 30 (PTI) The Central Administrative Tribunal (CAT) today issued notice returnable by October 25 to Revenue Secretary Sunil Mitra and Central Board of Excise and Customs (CBEC) Chairman V Sridhar for allegedly defying its earlier order.

The CAT issued the notice on a contempt petition by CBEC Inspector Rajesh Rai and others charging the officials with defying an earlier order on May 5, 2006 which directs that reservation should not be carried out in upgraded posts of Excise and Customs departments.

The CBEC had upgraded around 913 posts from Inspector to Superintendent level across the country in 1997, petitioner's counsel V K Sharma said.

Rai and others moved High Court demanding that there should not be any reservation in upgraded posts.


Source: PTI

High court stays CAT order

High court stays CAT order Kolkata, Sep 21 (PTI) The Calcutta High Court today stayed a CAT order that set aside promotion of four IPS officers, but directed that no new promotion to any officer junior to J S Nalwa, a petitioner, should be given the rank of additional director-general till disposal of the case. A division bench comprising Justice Pranab Kumar Chattopadhyay and Justice M A Ghani passed the interim stay on the Central Administrative Tribunal order on an appeal by the West Bengal government. The CAT order had been passed on August 19 on a prayer challenging the promotions by two IPS officers claiming that they had been superseded. The officers, whose promotions had been set aside were chief minister's security director A K Maliwal, special commissioner (one) of Kolkata Police R K Pachnanda, special commissioner (two) of Kolkata Police Banibrata Basu and additional director general CID Raj Kanojia. Source: PTI