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Documents citing N.S. Bhatt vs Union Of India (Uoi) And Ors. on 16 March, 2000

Bhagwan Ram vs M/O Communications on 21 May, 2024

Similarly in OA No.251/2012 (S.N. Singh Bhati vs. Union of India & ors) decided on 29.08.2013, this bench held that as per Rule 11 of the CCS (CCA) Rules, 1965, the penalty of recovery can be imposed only in any exceptional circumstances and for special reasons recorded in writing. The above judgment was upheld by the Hon'ble Rajasthan High Court in DB Civil Writ Petition No.2494/2014.
Central Administrative Tribunal - Jodhpur Cites 9 - Cited by 0 - Full Document

Shrawan Kumar Vaishnav vs M/O Communications on 4 May, 2024

Similarly in OA No.251/2012 (S.N. Singh Bhati vs. Union of India & ors) decided on 29.08.2013, this bench held that as per Rule 11 of the CCS (CCA) Rules, 1965, the recovery of any penalty can be imposed only in any exceptional circumstances and for special reasons recorded in writing. The above judgment was upheld by the Hon‟ble Rajasthan High Court in DB Civil Writ Petition No.2494/2014.
Central Administrative Tribunal - Jodhpur Cites 9 - Cited by 0 - Full Document

Jassa Ram vs M/O Communications on 8 June, 2018

In an identical case, dealing with the same very incidence of misappropriation of funds at Phalodi Sub Post Office, this Tribunal while deciding OA No.251/2012 titled as S.N.Singh Bhati vs. Union of India and Ors. has already taken a view that as per Rule 11 of the '1965 Rules' penalty of recovery can be imposed Page 5 10049912080618290.txt only in exceptional circumstances and for special reasons to be recorded in writing. It has further been held that after having issued a charge sheet, under Rule 11 of the '1965 Rules', the penalty of recovery could have been ordered by the respondents only as an exceptional case for the reasons to be recorded in writing and the delinquent official should have had a reasonable opportunity of being heard regarding the exceptional and compelling circumstances on the basis of which such recovery is being ordered. The instant case is squarely covered by the said judgment. Thus, there is no escape but to hold that the order dated 25.6.2012 (Ann.A/2) inflicting penalty of recovery of Rs. 50,000/- and the order dated 7.11.2012 (Ann.A/1) passed by the Appellate Authority rejecting the applicant's appeal against the order of penalty, cannot be sustained and the same deserve to be quashed.
Central Administrative Tribunal - Jodhpur Cites 2 - Cited by 0 - Full Document

Adisal Meena vs D/O Post on 4 August, 2022

18. It is also seen that Jodhpur Bench of this Tribunal in the case of Jassa Ram vs. UOI & Ors. (supra), as relied upon by the applicant, had observed that in an identical case, dealing with the same very incidence of misappropriation of funds at Phalodi Sub Post Office, this Tribunal while dealing with OA No. 251/2012 (S.N. Singh Bhati vs. UOI & Ors.) has already taken a view that as per Rule 11 of the CCS (CCA) Rules, 1965, penalty of recovery can be imposed only in exceptional circumstances and for special reasons to be recorded in writing. It has further been held that after having issued a charge sheet, under Rule 11 of the said Rules, the penalty of recovery could have been ordered by the authority only as an exceptional case for the reasons to be recorded in writing and the delinquent official should have had a reasonable opportunity of being heard regarding the exceptional and compelling circumstances on the basis of which such recovery is being ordered. In the instant case, it 22 OA No. 245/2013 is clear that no full-fledged inquiry was held, more particularly, no documents on which the charge-sheet was based, were provided to the applicant though asked to provide the same. It is also seen that the Disciplinary Authority has not recorded any reason in writing regarding any exceptional and compelling circumstances on the basis of which such recovery was ordered nor the applicant had been granted reasonable opportunity of being heard.
Central Administrative Tribunal - Jaipur Cites 9 - Cited by 0 - Full Document
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