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Documents citing Rakesh K. Dhawan vs Union Of India on 27 May, 2008

Rakesh Dhawan vs Income Tax Department on 6 November, 2024

(emphasis supplied) Page 4 of 6 CAT, Lucknow Bench OA No. 332/00555 of 2022 Rakesh Dhawan Vs. U.O.I.&Ors. 6.2 In the instant case it is not in dispute that the respondents, after having reviewed the applicant's service records on the eve of his retirement due on 31.05.2022, revised the pay in relation to stepping up of pay effective 22.01.2002 and issued order for recovery vide item no. 14 of PPO (Form No. 33) dated 04.07.2022, covering a period of nearly 20 years, i.e., far in excess of 5 years.
Central Administrative Tribunal - Lucknow Cites 2 - Cited by 0 - Full Document

M V Savithri vs M/O Personnel,Public Grievances And ... on 8 November, 2017

20. The applicant produced another judgment of the Hon'ble High Court of Karnataka in Writ Petition No. 38900/2016 dated 08.12.2016. the Hon'ble High Court after examining the decision in (1) State of Gujarat Vs. Bhilalbhai Hemarajbhai Unadkat decided on 11.09.2014 and (2) Zunjarrao Bhikaji Nagarkar Vs. Union of India and Others reported in 1999 (7) SCC page 409 (3) State of Punjab Vs. Ram Singh Ex-Constable reported in 1992 4 SCC 54 (4) K.K. Dhawan Vs. Union of India reported in 1993 (2) SCC 56 and several other cases held that in the circumstances as aforesaid in this case "the entire system of administrative adjudication whereunder quasi judicial powers are conferred on administrative authorities, would fall into disrepute if officers performing such functions are inhibited in performing their functions without fear or favour because of the constant threat of disciplinary proceedings."
Central Administrative Tribunal - Bangalore Cites 63 - Cited by 0 - Full Document

Unknown vs Union Of India Through Secretary To ... on 29 October, 2015

10. Learned Senior Counsel for the applicant submits that the perusal of the charges and the imputations in support thereof would show that the same relate to his functioning as an Assessing Officer, discharging quasi judicial function, with respect to certain assessment orders passed by him relating to some persons/ companies. The same cannot be subject matter of a charge-sheet. He would further submits that if an officer is performing judicial or quasi judicial function, disciplinary action should be taken with utmost caution and with proper application of mind. In the present case, he would submit the applicant was exonerated by the Enquiry Officer by holding that charges were not proved and at the best, omission can be termed as an arithmetical mistake, but the disciplinary authority without applying his independent mind acted blinding upon the CVC advice and disagreed with the inquiry report illegally. He also argued that the approval given by the Finance Minister/Disciplinary Authority was not proper as the same was without considering the law in right perspective. He relies upon the judgments reported as (2007) 4 SCC 247 Ramesh Chander Singh vs. High Court of Allahabad & Anr., (2007) 4 SCC 568 Inspector Prem Chand vs. Govt. of NCT of Delhi, (2006) 5 SCC 680 U.O.I & Ors. vs. Duli Chand, (2001) VI AD SC 687 P.C.Joshi vs. State of U.P. & Ors., (1999) 7 SCC 409 Zunjarrao Bhikaji Nagarkar vs. U.O.I. & Ors., (1993) 2 SCC 56 K.K.Dhawan vs. U.O.I, order dated November 24, 2010 passed by W.P.(C) No.3209/2012 Page 10 of 27 this Court in W.P.(C) 5013/2010 UOI & Ors. vs. Harsh Vardhan Chauhan, order dated March 20, 2009 in W.P.(C) 7054/2009 UOI & Ors. vs. Arindam Lahiri and in case Union of India & Ors. Vs. B.V.Gopinath etc.
Central Administrative Tribunal - Chandigarh Cites 46 - Cited by 0 - Full Document

K Kousalya vs The Revenue Divisional Officer on 25 May, 2022

The appellant in this case is challenging the statutory orders passed by the Revenue Division Officer, on the basis of which the stop memo has been issued by the Village Officer.  The orders passed are in exercise of statutory powers conferred on the said authorities.  Such orders, if the complainant is aggrieved by them, have to be challenged in appropriate proceedings either before the appellate authorities provided or before the High Court.   The counsel has also placed reliance on the decision in Sri. Rakesh K. Dhawan Vs. Union of India & others (C.C.No.110/2006 on the file of the State Commission, Delhi) to contend that such statutory authorities are dealing in funds that form part of the public exchequer, and therefore, the complainants are entitled to file complaints against them before the Consumer Courts.  Such a situation also does not exist in the present case since no money that forms part of the public exchequer has been utilised or refused to be utilised for the benefit of the appellant in this case.
State Consumer Disputes Redressal Commission Cites 2 - Cited by 0 - Full Document
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