Defence Service -- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the first time, but it is a serious misconduct on the part of..........
Finance Act, 1994, Section 66A -- Service tax - Refund of service tax - Appellant approached belatedly - Appellant not entitled to refund of service tax already paid but at the same time, appellant cannot be called upon to pay any interest and penalty levied on a tax which was not payable at all in law...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Reduction of sentence - Offence us/ 120-B IPC and Ss.13(1)(d), 13(2) PC Act - Accused sentenced to undergo R.I. for three years and a fine - Accused offered to surrender the plot and forgo refund and on account of conviction, his service and retiral benefits are in..........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Bar u/s 195 Cr.P.C. - High Court directing investigation into a specified offence mentioned in S.195 - Bar u/s 195(1)(a) cannot be pressed into service...........
Service -- Recruitments of teachers - Qualification - Two notifications were issued by National Council for Teacher Education (NCTE) - Claim of similarity - Issue as to candidates covered under which notification - Appellants contended that they may be treated at par with those similarly placed candidates who approached the Rajasthan and Uttarakhand High Courts - No reason..........
Service -- Recruitments of teachers - Qualifications - NCTE, acting as an `academic authority' u/s 23 of the RTE Act, under the Notification dated 31st March, 2010 issued by the Central Government as well as u/ss 12 and 12A of the NCTE Act, was competent to issue Notifications dated 23rd August, 2010 and 11th February, 2011 - Qualifications prescribed by NCTE are binding -..........
Service -- Promotion - Mere empanelment of an incumbent in the list of candidates due for promotion would not create any vested right in him to be promoted on select post - At best candidate only have a right to be considered for promotion - Claim of promotion would depend on the fulfillment of eligibility requirements as per promotion policy applicable at relevant time...........
Service -- Defense service - Promotion - Mere fact that appellant is doing the same job for the past eleven years, cannot be basis to issue direction to promote the appellant, notwithstanding lack of eligibility regarding medical fitness for select promotion...........
Service -- Defense service - Promotion - Discrimination - Permanent disability - Medical assessment report of appellant categorizing him as under Low medical category - Mere fact that percentage of disability of appellant is relatively less than other named officers who already promoted would make no difference, as percentage of disability is not the governing factor -..........
Service -- Defense service - Promotion - Claim of benefit of S.47 of Persons with Disabilities Act as per notification 2002 - Notification exempted the establishment in which appellant was in service at the relevant time from application of provisions of Persons with Disabilities Act - Appellant was empanelled for first time for promotion post in 2002 - Appellant held,..........
