... (i) Not completing the inquiry within time prescribed in the Rules after amendment in the CCS (CCA) Rules in 2017. (ii) Chargesheet issued ...submitted that charge sheet was issued by the competent authority. Learned counsel for the respondents in support of his arguments also relied upon the following judgments:- 12.... 3. The Inquiring Authority and Addl. Commissioner of Income-Tax (Appeals) Aayakar Bhawan, Room No.208, Paota C Road, Jodhpur-342001. ……..Respondents By...

...RESPONDENT NO.3 AND INITIATION OF DEPARTMENTAL ENQUIRY BEARING NO.DIMHANS/SIBBANDI/99/2021-22 VIDE DATED 25.08.2022 AS PER ANNEXURE-F ISSUED BY 2ND RESPONDENT, IN THE IN... - 6 - chargesheet has been issued by the incompetent authority cannot be accepted. 11. ...clear that the argument that it has been issued by the incompetent authority cannot be accepted. 9. Learned counsel for the respondent also brings to my notice that the...

.... The chargesheet can be quashed only on the ground that the chargesheet has been issued by an incompetent authority or in violation of the principle of natural justice or the charges are so absur...present petition, the petitioner has assailed the chargesheet dated 25.8.2023 issued to him by respondent no.2; whereby the allegations have been made against the petitioner that he is serving in the...serious and the chargesheet has not been issued only on the basis of complaint lodged by the brother of petitioner. When the fact that the 1...

...taking such arguments before this Tribunal. (ii) Chargesheet issued by incompetent authority. Drawing attention to Page 62 of the counter reply, he submits that with respect...Act or by anything done or intended to be done in good faith in pursuance of this Act or any rules made thereunder." vi) The charge sheet has been issued by an authority...the competent authority to issue a charge sheet for the reason that when the charge sheet was issued he was already extended the Selection Grade by the President of India. The Chief Secretary is only...

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...found to be issued by incompetent authority, the same would be dropped and the proceedings would be initiated from the stage of issuance of chargesheet by Competent Authority. ...the ground that the chargesheet was issued by an Authority different from lower than an Appointing Authority. In the said case, Appointing Authority of the respondents was Managing Director while ...chargesheet was issued by Director (Medical and Health Services), who was Controlling Authority of respondents. In the present case, off-course for the purpose of imposition of penalty, only Appointing...

...hearing, learned counsel for the applicant tried to advance grounds that the chargesheet was issued by an incompetent authority. Since the matter was remitted by this Tribunal to the AA with a dir...Dr. A.K. Mishra, Member (A) The applicant has challenged the order of the Disciplinary Authority (DA) dated 09.03.1999, order of the Appellate Authority (AA) dated 30.10.2003 modifying...the order to that of reduction in rank and the order dated dated 01.07.2008 of the Revising Authority upholding the Appellate order. His prayer is to set aside these orders and grant him all...

...disciplinary authority issued the order of punishment which was affirmed and enhanced by the appellate authority while considering the appeal preferred by the applicant against the said order of the discip...and not Lt. Governor. As such the chargesheet cannot be said to be issued by an incompetent authority. 9. So far as another contention of the applicant that the...chargesheet has not been issued by the competent authority and the disagreement note issued by the concerned authority is not a tentative one. As such the entire proceedings are liable to...

...chargesheet issued on 17.2.1995 was by an incompetent authority and it is only the Commissioner of MCD who can initiate disciplinary proceedings. This has been justified as per instruction No. (1...MCD is without jurisdiction. 10. In the result, for the foregoing reasons, leaving other grounds open, these TAs are allowed. Impugned chargesheet issued in 2006 by the MCD as...Government of NCT of Delhi applicant was issued a memorandum for a major penalty under Rule 14 of the CSS (CCA) Rules, 1965 by Lieutenant Governor on 17.2.1995 but after her...

...has been issued by an incompetent authority or there is violation of natural justice or the findings are 7 perverse..., she was imposed with a punishment of dismissal from service vide order dated 24.03.2022 (Annexure A-1), which was affirmed by the Appellate Authority vide order dated 15.09.2022 (Annexure A-2). However...or the punishment imposed by the authority shocked the conscience of the Court. In the instant case, the applicant admittedly misappropriated a huge amount of Government money for a long period...

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...proven malafides behind the issuance of the chargesheet. Another ground which is available for successfully challenging a charge sheet is that the same has been issued by an incompetent authority...for the petitioner. Present petition under Article 226 of the Constitution of India filed by the petitioner who holds the rank of Inspector of Police assails the chargesheet dated 30.10. 2014 contained...perversity since no misconduct is made out. 4. The petitioner has amended the petition by incorporating additional pleadings that the issuance of chargesheet is in violation...

...imposing penalty were issued by an incompetent authority. According to respondents, Divisional Mechanical Engineer (respondent No. 3) is the competent authority for Assistant Loco Pilot (Electric) to...passed order imposing penalty of withholding of increment for one year (N.C.) vide Annexure A-2 order. On appeal, Annexure A-2 order was modified by the Appellate Authority vide Annexure A-3...that the same defect has cascaded into the order passed by the Appellate Authority also. Therefore, he prays for the following relief:“(a) Summon the original records pertaining to the...

...chargesheet should not be interfered with, leave alone a few exceptions where the chargesheet may have been issued by incompetent Disciplinary Authority. I therefore see no reason to interdict the...of a chargesheet issued by the Respondent / Air India on 24.06.2020. Several reliefs have been claimed in the present petition, which are as under :- "a) Issue.... Pursuant to a Circular dated 30.12.2016 issued by the DGCA, Petitioner applied again and being successful was appointed to the post of CFOI on 02.02.2017, after due process of selection. Petitioner avers...

...Chargesheet has not been issued by the incompetent authority, and all impugned orders based on it are nullity in eyes of law. So also, the impugned Order dated 20.09.2023 is a non-speaking Order and...Railway, Haridwar issued Chargesheet dated 11.05.2021 alleging misconduct relating to non-receipt of correct information and vide Order dated 01.01.2022 inflicted minor penalty of withholding one...in paras 12, 14 & 15 as under:- "12. The necessity of giving reason by a body or authority in support of its decision came up for consideration before this Court...

...issued by the incompetent Authority and we having heard learned Counsel and perused the record, are in agreement with the Tribunal. 4. Suffice it, therefore, to state that an i...) Rules, 19654. The chargesheet was issued by the Deputy Director of Education (South)5. Annexed to the chargesheet, were the Articles...stood on the date when the chargesheet was issued. The Disciplinary Authority for all posts under the Delhi Administration, as per the CCS Group B Rules, continues, therefore, to be the Chief...

...order (Annexure-3) as also the Chargesheet (Annexure-2) have been issued by an incompetent authority. This chargesheet has been issued to the petitioner under r. 16 of the Rajasthan Civil...suspension order as also the chargesheet have been issued by an incompetent authority.4. It has been further contended that the chargesheet is arbitrary and void. It has been ...Annexure-1 has not been issued by a competent authority. The respondent Bank vide its order Annexure-2 dated 2.4.1985 has withdrawn that chargesheet as also the suspension order of the petitioner but...

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... penalty of compulsory retirement qua the applicant is unjust and improper not only on the facts of the case but also the fact that the chargesheet was issued by the Deputy Director of Educati...entirely while observing that the chargesheet was issued by the DDE that is an incompetent authority. The order of this Tribunal was 4...relief:- "8 (I) To quash and set aside the order No. DE.7/ 261/ S /TGT/NGV//VIG/2010/304-310 dated 04.10.2016, issued by the Appellate Authority as the same is...

..., without any authenticity not being the DA, issued the chargesheet dated 30.1.2006, which is without any jurisdiction issued by an incompetent authority, not being the appointing ...27.1.2006 when this vigilance clearance has been withdrawn and a chargesheet issued does not show any authentication of the order by the appointing authority and as the name of President has not been...incompetent authority the corrigendum issued would take effect from a prospective date, i.e., 24.3.2006 and in such an event as the chargesheet issued would not relate back to the date of its issue but...