CAT Archives

Grace, charity, compassion must not influence public employment

Grace, charity or compassion ought to stay at a distance in matters of public employment: Supreme Court Refuses Second Chance to Absent Candidate

The Supreme Court set aside the direction allowing an absentee to appear in the next round of recruitment process.

Delhi High Court fines advocate ₹10K for making unfounded accusations against Judge; Upholds ISRO Selection Process

The petitioner’s approach in the review petition reflects a selective cherry-picking of sentences from the judgment, disregarding the comprehensive analysis of the rival contentions provided throughout. The so-called “errors” highlighted by the petitioner are not, in fact, errors, let alone errors “apparent on the face of the record.”

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs High Courts

Delhi High Court upholds Order setting aside compulsory retirement of IPS Officer Gurjinder Pal Singh

Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT grants interim protection to 17 KVS Primary Teacher (Music) candidates over ‘communication gap’ grievances, subject to final outcome

The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation

Case Briefs Supreme Court

Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors

“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.

Case Briefs High Courts

Chairman and Vice-Chairman of Central Administrative Tribunal entitled to same retirement benefits as available to High Court Judges: Allahabad High Court

The benefit of Domestic Help Allowance is a retirement benefit and hence it will be included in the expression ‘pension’ as occurring in Section 2(gg) of High Court Judges (Conditions of Service) Act 1954.

Case Briefs High Courts

CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal, Regulatory Bodies and Commissions Monthly Roundup | January 2023 | 25+ Legal Stories including no relief in CCI penalty on Google, TDS deduction and interest on securities, high-level committee for Yamuna pollution, no clean chit to DLF, and more

APPELLATE TRIBUNAL FOR ELECTRICITY (ATE) Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and

Case Briefs High Courts

Power to Transfer Cases| Can Chairman of CAT on his own motion, without any notice, transfer any case pending before one Bench for disposal to another Bench? Del HC addresses

Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., held that the Chairman of Central Administrative Tribunal

Case Briefs Supreme Court

Supreme Court affirms HC’s order upholding appointment of Mr. Dinkar Gupta as Punjab DSP

“When a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted.”

Case Briefs High Courts

Tri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition

Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Premature retirement does not amount to punishment; Tribunal cannot go into adequacy where adverse facts exist against the employee

Central Administrative Tribunal (CAT): The Bench of Justice L. Narasimha Reddy (Chairman) and Mohd. Jamshed (Member) held that premature retirement does not

Case Briefs High Courts

Del HC | ‘Service Matter’ concerning persons working under Central Govt. Hospitals under Ministry of Railways. Under which provision will they be governed? HC states

Delhi High Court: Jyoti Singh, J., held that ‘service matter’ concerning the persons working in various Central Government Hospitals under the Ministry

Case Briefs High Courts

Del HC | Cancellation of UPSC interviews is not to be viewed solitarily as a one-off incident, represents a deeper malaise in selection: Read Verdict on cancellation of UPSC interviews

Delhi High Court: Prathiba M. Singh, J., while addressing the grievance of UPSC aspirants in regard to cancellation of interviews to be held

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | “Advocates who take shortcuts are bound to be cut short”: CAT, while holding Advocate guilty of contempt; lets him off with severe warning

Central Administrative Tribunal (CAT): A Division Bench of Justice L. Narasimha Reddy (Chairman) and A.K. Bishnoi (Administrative Member) took Suo Motu cognizance

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Postal Authorities directed to consider applicant for suitable vacant position in order to ensure sustenance of his family; applicant lost his job in wake of prevailing Covid-19 crisis

Central Administrative Tribunal, Kolkata: The Coram of Bidisha Banerjee (Judicial Member) and Nandita Chatterjee (Administrative Member) allowed the application granting the desired

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | An employee has no vested right to hold on to a particular post when he is transferred to another post, CAT deliberates

Central Administrative Tribunal, Ernakulam: The Coram of P. Madhavan (Judicial Member) and K.V. Eapen (Administrative Member) disposed the application denying relief to