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Search Results Judgments > Act:ADMINISTRATIVE TRIBUNALS ACT, 1985 Page:7

Sep 12 2011

M.Ramesh Kumar, IAS (Retd.) Vs. The State of Maharashtra And Ors.

  • Decided on : 12-Sep-2011

Court : Mumbai

... Administrative Tribunal has been established under the Administrative Tribunals Act, 1985 (for short, "the Act") and the appointment for the post of Member (Administrative) is required to be done by following the procedure laid down under the Administrative Tribunals (Procedure for appointment of Vice Chairman and Members) Rules, 2006 (the Rules for short), as framed under Section 36(c) of the said Act. The Act ... Act, make a list of persons for appointment as the Vice Chairman and Members of the Central Administrative Tribunal. (2) State Administrative Tribunal (i) The Selection Committee of the concerned State Government shall devise its own procedure or lay down guidelines for inviting applications as also for the selection of the Vice Chairman and Members of the Administrative Tribunal ... Act, appoint the Vice Chairman or Members of the Administrative Tribunal of the State Government concerned." Rule 6: Meeting of the Selection Committee - (1) The Selection Committee will normally hold its meetings at New Delhi in the case of Central Administrative Tribunal and at the State Capital of the State concerned in the case of State Administrative Tribunal ...

Jan 08 2004

Union of India (UOI) and Ors. Vs. Biprajit Dutta

  • Decided on : 08-Jan-2004

Court : Guwahati

... of penalty the respondent approached the Central Administrative Tribunal, Guwahati by moving a petition under Section 19 of the Administrative Tribunals Act, 1985. The Central Administrative Tribunal entertained the petition and set aside the order passed by the disciplinary authority imposing penalty on the respondent. The Tribunal on appreciation of the materials placed on record ... Rule 48, the Administrative Tribunal could not have exercised jurisdiction to entertain and adjudicate upon the petition filed by the respondent under Section 19 of the Administrative Tribunal Act unless and until the respondent exhausted his remedy provided under the relevant Rules. Section 20 of the Administrative Tribunals Act prohibits the Tribunal ordinarily to admit ... the Administrative Tribunals Act prohibits the Tribunal ordinarily to admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. The phraseology used in this section clearly indicates that ordinarily the Tribunal, shall ... Tribunal in entertaining the petition filed by the respondent cannot be said to be an exercise beyond the competence of the Tribunal, when the Tribunal has entertained the petition, and we do not find any infirmity in the order passed by the Central Administrative Tribunals, we cannot say that exercise of jurisdiction by the Tribunal is not a proper exercise of the discretion by the Tribunal ...

Feb 01 2005

Union of India (UOI) and Ors. Vs. C.M. Amrute and Anr.

  • Decided on : 01-Feb-2005

Court : Mumbai

Reported in : 2006(2)BomCR128; 2005(4)MhLj960

... Tribunal exercising original jurisdiction under section 19 of the Administrative Tribunals Act of 1985. These are obviously because where there is total lack of evidence and therefore the interference by the Tribunal is liable to be affirmed as justifiable. It will be seen that heavy reliance was placed on Exh.S2 by the Enquiring Authority or the Disciplinary Authority. The Tribunal ... Administrative Tribunal as a sequel, also by this Court. As we have already noted above that this proposition of law cannot be disputed. However, present is the case where there is total absence of evidence and therefore the order passed on no evidence is liable to be interfered with by the Tribunal exercising original jurisdiction under section 19 of the Administrative Tribunals Act of 1985 ... J.1. All these petitions challenge the order passed by the Central Administrative Tribunal on 3rd April 2003 allowing the original applications made by the respondent in the present petition before the Tribunal and the original applicants before the Tribunal are employees of Government of India in the department of Central Excise and at the relevant time ... the Disciplinary Authority was either inadequacy or unreliable. In effect the dicta of the Supreme Court over all these years is that the Appellate Tribunals or Revisional Tribunals or independent Tribunals and the High Court under Article 226 of the Constitution should not interfere with the order directing penalty except where there is disproportionate award ...

Sep 22 1998

Marathwada Sarvashramik Sangathan Vs. The State of Maharashtra & other ...

  • Decided on : 22-Sep-1998

Court : Mumbai

Reported in : 1999(3)ALLMR65; 1999(2)BomCR209; [1999(81)FLR452]; (1999)IILLJ226Bom; 1999(3)MhLj37

... Administrative Tribunal under the Administrative Tribunals Act, 1985. We, therefore, direct the Additional Registrar (Judicial) to transfer this petition to the Maharashtra Administrative Tribunal, Bench at Aurangabad and the same may be subject to the payment of fresh Court fees, if any.7. The Government Pleader may take a note of this judgment and take suitable steps to get the similarly placed pending matters transferred to the Maharashtra Administrative Tribunal ... over the orders passed by the Administrative Tribunals constituted under the Administrative Tribunals Act, 1985. The Supreme Court, has inter alia, held that the jurisdiction of the High Court under Article 226 of the Constitution of India remains in tact and the orders passed by the Administrative Tribunals are appealable by filing a writ ... Administrative Tribunals are appealable by filing a writ petition under Article 226 of the Constitution of India before a Division Bench of the High Court. In fact, by this judgment, an additional appellate forum is available for the employees who are aggrieved by the orders passed by the Administrative Tribunals under the Administrative Tribunals Act, 1985 ... of the power and jurisdiction under Article 226 of the Constitution of India and the same is vested in the Administrative Tribunal constituted in that behalf under the Administrative Tribunals Act, 1985.4. Daily rated casual labourers are appointed by various departments of the State irrespective of the fact whether there are ...

Sep 12 1986

Rekapally Laxminarayana Rao Naidu Vs. Union of India and others

  • Decided on : 12-Sep-1986

Court : Mumbai

Reported in : 1987(1)BomCR31; (1987)ILLJ360Bom; 1986MhLJ838

... that the Constitution itself authorises the Parliament to make an enactment providing for the adjudication by Administrative Tribunal of all disputes and complaints with respect to recruitment and conditions of service of civil servants. He has further submitted that the Administrative Tribunals Act, 1985, has been enacted by the Parliament in pursuance of its legislative power conferred on it ... that the Administrative Tribunals Act is in excess of the legislative powers conferred upon the Parliament.9. The question that falls for our consideration in the present petition is no more res integra. The learned Single Judge of this Court in Writ Petition No. 800 of 1981 with Writ Petition No. 623 of 1985 decided on ... that he invited our attention to the wordings used in section 14 of the Administrative Tribunals Act. Section 14 of the Administrative Tribunals Act reads as under :-14. Jurisdiction, powers and authority of the Central Administrative Tribunal - (1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day all the jurisdiction powers and ... Administrative Tribunals Act and they cannot, therefore, be transferred. He has further submitted that since the appeals have been saved, the writ petitions must also be taken to have been saved by necessary implication. In our view, there is no substance in these submissions. There is nothing either in sections 14, 28, or 29 of the Administrative Tribunals Act ...

Dec 19 2002

All India Customs Officers (Direct Recruit) Appraisers Association and ...

  • Decided on : 19-Dec-2002

Court : Mumbai

Reported in : 2003(1)ALLMR965; 2003(4)BomCR328

... Administrative Tribunals Act, 1985 the Tribunal has given the jurisdiction and power to punish his own contempt. The section provides that the Tribunal shall have the same power as this Court has under the provisions of Contempt of Courts Act, 1971. In so far as the contempt proceedings are concerned Central Administrative Tribunal established under the Administrative Tribunal Act, 1985 ... Act, 1971. In so far as the contempt proceedings are concerned Central Administrative Tribunal established under the Administrative Tribunal Act, 1985 and this Court is having co-ordinate jurisdiction and therefore this Court cannot take up consideration of legality, validity or impropriety of the order passed by the Central Administrative Tribunal. He also contended relying on several judgments of the Supreme Court that the Tribunal ... Tribunal shall have the same power as this Court has under the provisions of Contempt of Courts Act, 1971. In so far as the contempt proceedings are concerned Central Administrative Tribunal established under the Administrative Tribunal Act, 1985 and this Court is having co-ordinate jurisdiction and therefore this Court cannot take up consideration of legality, validity or impropriety of the order passed by the Central Administrative Tribunal ...

Sep 10 1993

Management of South Central Railway Vs. Mahaboob Sab

  • Decided on : 10-Sep-1993

Court : Karnataka

Reported in : ILR1993KAR2807; 1993(4)KarLJ335

... whether the original Writ Petition is at all maintainable in this Court. Sub-Section (1) of Section 14 of the Administrative Tribunals Act, 1985 (for short 'the Act') lays down that save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that ... Administrative Tribunal will have jurisdiction. W.P.17146/92 is however filed challenging the Award of the Labour Court presumably under Articles 226 and 227 of the Constitution of India. Now the short question is whether the original Writ Petition is at all maintainable in this Court. Sub-Section (1) of Section 14 of the Administrative Tribunals Act, 1985 (for short 'the Act ... IV of the Administrative Tribunals Act. That Chapter deals with 'procedure'. Section 19 provides that a person aggrieved by any order pertaining to any matter within a jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Now this clearly presupposes a direct application to the Central Administrative Tribunal and the procedure ... may be emanating for the first time or after adjudication by Labour Court or Industrial Tribunal under the Industrial Disputes Act 1947, would get excluded once the jurisdiction that the High Courts enjoyed hithertofore had been vested with the Administrative Tribunals from the appointed day. We may refer to a Decision of the Gujarat High Court ...

Apr 12 2004

Union of India (UOI) and Ors. Vs. Unni Menon

  • Decided on : 12-Apr-2004

Court : Karnataka

Reported in : 2004(5)KarLJ572

... .V. Srinivasa Reddy, J.1. The Union of India and the establishment of the Central Administrative Tribunal are aggrieved by the order dated 1st March, 2000 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore ('CAT' for short) directing the principal office of the CAT to reconsider the representation of the applicant-respondent herein and pass suitable orders thereon.2. The respondent ... its own cadre and recruitment rules and the field as regards the pay and promotion are covered by a separate rules formulated for that purpose which are called the Central Administrative Tribunal (Accounts Personnel Posts) Recruitment Rules, 1990. Rule 3 of the said Rules governs the number of posts, classification and their scale of pay and it reads:'The number of ... the reasoning adopted by CAT for applying the said O.M. to the respondent is well-founded and, therefore, needs no interference at all by this Court.7. The Central Administrative Tribunal is a separate entity created under a statute and it is not a department of the Central Government. The Official memorandum in question is issued for purpose of redesignating ... in CAT. In view of the non-applicability of the official memorandum to the establishment of CAT, the respondent cannot seek any benefit under the said official memorandum. The Tribunal has totally misdirected itself in coming to the conclusion that the official memorandum is applicable to CAT also because it has an organised accounts cadre in its ranks.8. ...

Jul 02 1992

Ganganarasaiah Vs. State of Karnataka

  • Decided on : 02-Jul-1992

Court : Karnataka

Reported in : ILR1992KAR2629; 1993(2)KarLJ385

... which the Tribunal has exclusive jurisdiction. In view of Article 323A of the Constitution of India and Section 15 of the Administrative Tribunals Act, 1985, the jurisdiction to deal with every service matter of a person appointed to a civil service or a civil post of this State irrespective of the nature of employment is vested in the Tribunal and ... 28 of the Administrative Tribunals Act, 1985, and Article 323-A of the Constitution of India, it has been held thus: 'A person appointed against a civil post on daily wages is a civil servant and a dispute relating to termination of his service is a service matter of a civil servant over which the Tribunal has exclusive jurisdiction. ... of Sections 15 and 28 of the Administrative Tribunals Act and Article 323A of the Constitution of India, this Court under Article 226 of the Constitution of India shall entertain such petitions. In the beginning itself, the Supreme Court observed that it is open for the petitioner either to approach the Administrative Tribunal or the High Court for necessary ... Act in respect of any matter relating to recruitment and other conditions of civil servants, attract the jurisdiction of the Administrative Tribunal and exclude the jurisdiction of all Courts except the Supreme Court, Industrial Tribunal and Labour Court. Section 15 of the Act reads thus: '15. Jurisdiction, powers and authority of State Administrative Tribunals. - (1) Save as otherwise expressly provided in this Act, the Administrative Tribunal ...

Jul 18 1990

Dr. H.T. Venkata Setty Vs. Shiva Sailam

  • Decided on : 18-Jul-1990

Court : Karnataka

Reported in : ILR1990KAR2874; 1990(3)KarLJ276

... Administrative Tribunals constituted under the Act. Pursuant to the said Article the Parliament enacted Administrative Tribunals Act, 1985. The said Act provides for establishment of a Central Administrative Tribunal in respect of central service matters and a Tribunal for each of the States for deciding disputes and complaints in relation to service matters pertaining to respective States. Accordingly, Karnataka Administrative Tribunal ... view of the Constitution of the State Administrative Tribunal pursuant to the Administrative Tribunals Act, 1985 (the Act' for short) enacted by the Parliament pursuant to Article 323A of the Constitution of India. Article 323A reads:-'323A. (1) Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to ... Karnataka Administrative Tribunal2. The matter has come up for orders. By consent of the learned Counsel on both sides, it is taken up for final hearing and disposed of by this order.3. The above question arises in view of the Constitution of the State Administrative Tribunal pursuant to the Administrative Tribunals Act, 1985 (the Act' ... the setting up of the Administrative Tribunals under that Act came up for consideration before this Court in S.M. PATTA-NAIK SECRETARY TO GOVERNMENT OF INDIA : (1987)IILLJ113Kant . In the said decision on interpretation of Article 323A of the Constitution as also the provisions of the Administrative Tribunals Act, 1985, this Court held that ...

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