allowed travelling expenses or ore testing charges only as
revenue expenditure. This treatment is only in dispute before us. The
travelling expenses or manganese ... testing charges pertaining to the
existing mine allowed by the I.T.A.T. in the present facts cannot be directly
co-related with
name of the first respondent for
labour charges for winding assembly and testing of
175 KVA isolation transformers. This document shows
the knowledge
punishment awarded to the deceased employee is not commensurate to
the charges levelled upon him is concerned, the said issue will have to be
considered ... punishment. It is
trite law that initially the enquiry has to be tested and if the enquiry is
upheld and the findings are sustained
well-settled principle of law that the test to
determine as to what would be a charitable purpose within the
meaning of section ... section 11(4A) is unfounded. We have
noted above that the service charges received in respect of 6 th and 7th
floor were clearly
National Securities Clearing ... vs Prime Broking Company (India) Ltd. Cin ... on 28 June, 2016
Author
judgments on the issue :-
"6. The rival submissions have to be tested in the
background of Rule 31(7) of the Rules. The same ... employee is
working/was working at the time of happenings
of alleged charges to which the inquiry relates or
where the inquiry is being conducted
before 10th day of every month.
The Conductor shall also pay electricity charges of the
electric meter installed in the said premises.
5. Mr. Naphade ... done so from the very
beginning.
6. Let us test the Defendants' argument. If what Mr. Naphade
says is correct, then the 1st Defendant
statement of the witness made dehors the context that
the charges were paid, would not be enough to hold that
it is a contract ... Tailoring House's case that the Apex Court has
diluted the test and it is held that the test of supervision
and control would
urgently taken a decision to transfer
him out of Pathardi.
17. Upon testing the contentions of the petitioner in the light of the
service record ... should have exercised its powers under the service
conditions for getting the charges proved.
18. It cannot be ignored that Rule 8 of the Transfer
2016 00:09:11 :::
WP/7211/2016
9
that the charges are false or, otherwise not
acceptable. Scanning the charge-sheet given to
the petitioner ... charge-sheet fails to stand up to this test, the
rest of the domestic enquiry is useless and is
merely an eyewash."
The Judgment
