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1 - 10 of 17 (0.32 seconds)Article 136 in Constitution of India [Constitution]
Union Of India vs Ajay Agrawal on 2 January, 2018
(i) judgment passed by the Hon'ble High Court of
Madhya Pradesh in MP No.1798 of 2017 (Union of
India and Ors. Vs. Ajay Agrawal) dated 2.1.2018;
Article 226 in Constitution of India [Constitution]
State Of Punjab And Ors vs Ram Singh Ex. Constable on 24 July, 1992
9. From perusal of the Hon'ble Supreme Court
directions and the facts as mentioned hereinabove as well
as the judgments referred herein above Hon'ble High
Court of Madhya Pradesh in C.P. Singh(supra), it is clear
that although the scope of judicial review, in the cases of
disciplinary proceedings, by the Courts/Tribunals is
limited, however, Tribunals can intervene in the case
wherein the decisions have been taken by the competent
authority in the absence of any evidence on record or the
findings are perverse and bias or are taken without
following the principles of natural justice.
Inspector Prem Chand vs Govt. Of N.C.T. Of Delhi And Others on 5 April, 2007
ii Inspector Prem Chand vs Govt. Of N.C.T. Of Delhi And
Others reported in (2007) 4 SCC 566.
Ranjeet Singh & Anr vs Union Of India & Ors on 16 December, 2009
In this regard, it is
apt to mention that in an identical case, the CAT, Jaipur
Bench in OA NO.556/2015 (Jeewan Ram Meena vs.
Union of India through Secretary Department of Post
and others) decided on 31.5.2024 wherein the applicant
aggrieved by the order passed by the Disciplinary
Authority for recovery of huge amount of recovery of
Rs.1,00,666/- in pursuance of the term 'minor penalty'
under Rule 11 of the CCS (CCA) Rules had approached
the Tribunal under Section 19 of the AT Act.
Union Of India And Ors vs O.P. Saxena, ... on 5 August, 1997
The CAT
Jaipur Bench by referring the relied upon judgment and
order i.e. judgment dated 5.4.2018 passed by the Hon'ble
High Court of Rajasthan at Jaipur in CWP
No.21729/2023 and connected petition (UOI and others
vs. K.L. Disthwania) whereby the orders passed by the
CAT Jaipur Bench in a similar case for refund of amount
recovered from the Government employee in the case
where the employee was erroneously held to be
responsible for negligence in allowing payments in excess
and has contributed to a large fraud committed by
somebody else, further in OA No.245/2013 (Adisal
::54 :: O.A.No.232/2022 & connected matters
Meena vs. Union of India and others) decided on
4.8.2022 by the CAT Jaipur Bench wherein it was alleged
against the applicant that while he was working as Laser
Assistant at Bheror Head Post Office he had not checked
and verified the signature of depositor with the signature
of warrant of payment related to fraudulent transactions
and eventually was held responsible for misappropriation
of Government money, the Tribunal in absence of
quantum of loss levelled against the applicant was not
quantified and ascertained by the disciplinary authority.
Moreover the applicant had been considered to be
Ahmedabad subsidiary offender, the respondent in an arbitrary
manner imposed penalty of recovery of huge amount and
quashed the charge memorandum as well as the order
passed by the disciplinary authority, the Jaipur Bench in
the said OA 556/2015, held that the disciplinary
authority without determining the amount of quantum of
loss actually incurred to the Government and the extent
of the role of the applicant, who the respondents
themselves had identified to be a subsidiary offender, in
relation to other involved persons and the proportionate
share to be recovered consequently from the applicant,
the said conclusion and finding reached by the
disciplinary authority was held to be suffered from the
legal infirmities and accordingly, the impugned charge
memorandum along with the order of punishment of
recovery imposed by the disciplinary authority as well as
order of the appellate authority were quashed and set
aside and directed the Postal Department to refund the
amount if any recovered from the applicant.
Meena Jayendra Thakur vs Union Of India & Ors on 22 September, 1999
The CAT
Jaipur Bench by referring the relied upon judgment and
order i.e. judgment dated 5.4.2018 passed by the Hon'ble
High Court of Rajasthan at Jaipur in CWP
No.21729/2023 and connected petition (UOI and others
vs. K.L. Disthwania) whereby the orders passed by the
CAT Jaipur Bench in a similar case for refund of amount
recovered from the Government employee in the case
where the employee was erroneously held to be
responsible for negligence in allowing payments in excess
and has contributed to a large fraud committed by
somebody else, further in OA No.245/2013 (Adisal
::54 :: O.A.No.232/2022 & connected matters
Meena vs. Union of India and others) decided on
4.8.2022 by the CAT Jaipur Bench wherein it was alleged
against the applicant that while he was working as Laser
Assistant at Bheror Head Post Office he had not checked
and verified the signature of depositor with the signature
of warrant of payment related to fraudulent transactions
and eventually was held responsible for misappropriation
of Government money, the Tribunal in absence of
quantum of loss levelled against the applicant was not
quantified and ascertained by the disciplinary authority.
Moreover the applicant had been considered to be
Ahmedabad subsidiary offender, the respondent in an arbitrary
manner imposed penalty of recovery of huge amount and
quashed the charge memorandum as well as the order
passed by the disciplinary authority, the Jaipur Bench in
the said OA 556/2015, held that the disciplinary
authority without determining the amount of quantum of
loss actually incurred to the Government and the extent
of the role of the applicant, who the respondents
themselves had identified to be a subsidiary offender, in
relation to other involved persons and the proportionate
share to be recovered consequently from the applicant,
the said conclusion and finding reached by the
disciplinary authority was held to be suffered from the
legal infirmities and accordingly, the impugned charge
memorandum along with the order of punishment of
recovery imposed by the disciplinary authority as well as
order of the appellate authority were quashed and set
aside and directed the Postal Department to refund the
amount if any recovered from the applicant.
B.C. Chaturvedi vs Union Of India And Ors on 1 November, 1995
8.1 In another judgment rendered by the Three Judge
Bench in the case of SBI vs. Ajay Kumar Srivastava,
reported in (2021) 2 SCC 612: (2021) 1 SCC (L&S) 457,
by referring the law laid down in B.C. Chaturvedi
Ahmedabad (supra) and catena of other judgments, the Hon'ble Apex
Court held as under:-