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Documents citing Mustaque Ahmad vs Union Of India (Uoi) And Ors. on 23 February, 1995

Dr. Raja Ram vs Union Of India (Uoi) And Ors. on 26 February, 1998

In the case of Sheikh Mustaque Ahmad v. Union of India and Ors. (reported in (1997) 36 A.T.C. page 148), in which the matter related to dismissal from service of a rail way employee and an order of suspension treating the applicant retrospectively under suspension, the Tribunal held that the use of the word 'ordinarily' has granted discretion to the Tribunal in proper cases to waive the condition of exhausting the departmental remedies. In our view the present case is not pari materia and what we are discussing here is not a case of dismissal but a case of suspension under All India Service Rules and the O.A. has been heard at the admission stage itself in view of preliminary objections. This decision, therefore, is of no avail to the cause of the applicant.
Central Administrative Tribunal - Lucknow Cites 19 - Cited by 1 - Full Document

K.G. Valsalan vs Union Of India on 8 August, 2011

He further relied on the decision in Sheikh Mushtaque Ahmad vs. Union of India & Others, 1997 SLJ Vol.3 CAT (Allahabad Bench), wherein it was held that "the language of the Section 20 of the Administrative Tribunals Act, 1985 leaves no room for doubt that bar against filing application without exhausting alternative remedies is not absolute. The Tribunal in appropriate cases, may waive the necessity of filing departmental appeal". The word 'ordinarily' implies a discretion to the Tribunal in proper cases to waive the condition of exhausting the departmental remedies to save the applicant from the resultant hard-ships. It was further pointed out that this litigation was going on from 2005 onwards. This Tribunal allowed his O.A on earlier occasion. Hon'ble High Court also upheld the order of this Tribunal. Thereafter, the applicant filed a Contempt Petition. It was during the pendency of the C.P. that the impugned order was passed. He further submitted that the entries made in his service register dated 06.10.2009 and 07.10.2009 were not communicated to him.
Central Administrative Tribunal - Ernakulam Cites 4 - Cited by 0 - Full Document

Kirti Yadav vs Indian Oil Corporation Ltd. And Ors on 6 September, 2014

He has further made reference to the judgments AJAY PRASHER delivered in Mustaque Ahmad Vs. Union of India and others, 1995 2014.09.11 15:16 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.5398 of 2013 (O&M) 3 AIR (Patna) 136 and Krishna Reddy Vs. Joint Collector, Chittoor and others, 1994 Cri LJ 1091.
Punjab-Haryana High Court Cites 7 - Cited by 0 - R Bahri - Full Document
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