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1 - 10 of 15 (0.33 seconds)Dr. S.K. Das vs Union Of India Through on 15 July, 2014
8. Learned counsel for the respondents has completely
denied the allegation of mala fide levelled by the applicant.
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While admitting that the applicant was intervener in OA No.
1653/2010 decided on 20.10.2011 (S.K. Das versus UOI), the
respondents denied that the appointment of the respondent
no.2 had been quashed on the basis of the arguments of the
applicant. The learned counsel further submitted that the
applicant had filed more than 200 OAs before this Tribunal
and other courts and, therefore, it is easy for him to link each
and every decision of any of the courts. The aforesaid decision
was challenged before the Hon'ble High Court of Delhi by way
of WP(C) No. 8124/2011 wherein the applicant, not being a
party, was not permitted to argue the case. Aggrieved, the
applicant filed CM Application for recall of judgment dated
17.09.2013 passed by the Hon'ble High Court of Delhi, which
was dismissed at the admission stage itself without issuing
notice. Therefore, the applicant was not at all a party in these
cases and his attempt to make out a case of bias on part of
accepting authority by linking the court cases is only an
attempt to mislead the Tribunal. The respondents further
stated that as per the rules, if the reporting officer is not in
position and the review officer is taking work directly from the
officer reported upon, then he may initiate the report and
submit the same to his own superior for review. Accordingly,
the said S.K. Das, the reviewing authority of the applicant
initiated the report and submitted the same to the Secretary,
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MOSPI. Since Secretary, MOSPI is the accepting authority, in
the instant case, the accepting authority accepted the report.
Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
Emperor vs Sibnath Banerji on 17 July, 1945
(i) Emperor v. Sibnath Banerji AIR 1945PC 156;
Abdul Razak Abdul Wahab Sheikh vs S.N. Sinha, Commissioner Of Police, ... on 3 March, 1989
(iii) Abdul Rajjak Abdul Wahab vs. Commissioner of
Police (1989) 2 SCC 222;
Rina Sen vs Commissioner Of Income-Tax And Ors. on 18 August, 1998
(v) Rina Sen vs. CIT (1999) 235 ITR 219,225-26 (pat);
R.S. Garg vs State Of U.P. & Ors on 27 July, 2006
(i) R. S. Garg vs. State of UP & Others AIR 2006 SC
2912;
P. Mohanan Pillai vs State Of Kerala & Ors on 23 February, 2007
(ii) P. Mohanan Pillai vs. State of Kerala 2007 AIR
2840;
M.P.State Co-Op.Dairy Fedn.Ltd.& Anr vs Rajnesh Kumar Jamindar & Ors on 15 April, 2009
(iii) M. P. State Co-op. Dairy Fedn. Ltd. vs. Rajnesh
Kumar Jamindar (2009) 15 SCC 221.
Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010
(iv) Kalabharati Advertising vs. Hemant Vimalnath
Narichania (2010) 9 SCC 437;