A.Mohamed Thaheer
28 May 2009 at 14:51
What will be the legal course of criminal action could be initiated against the official who furnished false particulars resulting to withholding of the retiral benefits for more than 5 years?
The details of the case is follows:
"A" retired on 30-09-2004.
On the date of retirement, there was one Disciplinary Proceeding was pending under Rule 9 (2) (b) of the CCS (Pension) Rules, 1972.
Hence, all his retiral benefits were withheld.
On 28-04-2006, the Disciplinary Proceeding
was dropped and eligible for all retiral benefits with effect from 29-04-2008.
After a period of 6 months from the date of exoneration from the charge, the Head of the Department had sent a proposal for the payment of only provisional pension, but not for other retiral benefits such as gratuity, commutation of pension etc., for which the retired officer is legally entitled.
In the pension proposal form, the Head of the Department had purposely and vindictively furnished FALSE PARTICULARS
as if there is some criminal proceeding pending against the retired officer, (i.e)
on 20-11-2006. (after the acquittal of the only one charge pending on the date of retirement.This false information has resulted in withholding of other retiral benefits till date.
This false particulars have been furnished in contravention of rule 9 (6) (2) of the CCS (Pension) Rules, 1972.
By proving the false particulars furnished by the Head of the Department to the Central Administrative Tribunal, Chennai,
the CAT directed to make the payment of the entire retiral benefits with interest, observing that the withholding of the retiral benefits is legally illegal.
But the High Court Chennai, quashed the CAT order without application of mind and without verifying the relevant documentary evidences submitted to the CAT and also without reading the entire judgment of the CAT who justified each and every point in detail after careful examination of all the relevant records in this case.
This is a very clear case of apparent error on the face of record and clear non application of mind and judgment is also PER INCURIUM.
The judgment of the High Court was given on 30-09-2008. Due to some valid reasons, no review application could be filed till date.
Now, the time has matured for making a review application for obvious reasons, which could be explained for condonation of delay for making review application?
Will the review application will be entertained at this stage or not, or it will be affected by the period of limitation for the delay of more than 6 months?
Please examine and give your expertise legal advice.
A.Mohamed Thaheer
28 May 2009 at 14:18
1)What further course of legal action could be taken, if some time bound direction of the High Court, Chennai, is not obliged by the petitioner who filed a writ petition for quashing the CAT order for making the retiral benefits to the retired officer? (while delivering judgment by quashing the CAT order, as prayed for by the Petitioner.)
2) Whether this failure of the part of the petitioner is legally contempt or not?
A.Mohamed Thaheer
28 May 2009 at 14:07
What is the relief, if the Bench of the High Court, Chennai quashes the CAT direction, without verifying the documentary evidences and application of mind with reference to the facts of the case, the relevant statutory rules and also without giving an opportunity for filing a detailed written counter and also in the absence of the detailed argument of the case by the respondent's side?
Padmaja Naidu
28 May 2009 at 13:38
I am Chartered Accountancy student persuing for CA PCC Exam and finished my graduation. I am thinking to go for LLB as finished my graduation. I want to ask how much doing LLB will be beneficial to my carrier and my feild of Chartered Accountancy.
AVINASH SINGH
28 May 2009 at 11:47
sir, as per the provision of the companies act whether a director can be appointed in the extra ordinary general meeting of the company.if yes kindly mention the section
Ganesh
28 May 2009 at 11:35
I am a sole owner of a flat, I want to give a power of attorney to my father, what transactions he can make through that, can he sell the flat, can I revoke my power of attorney later. In event I die can my legal hires claim the share in the property.
Rishika
28 May 2009 at 11:05
HI i would like to know the procedure for getting my agreement papers for my flat if lost the original copy, My society does not have a copy and I too have lost my set so please advise me on this issue as early as possible as i need your help.
Please mail me on this issue shahrishika@hotmail.com
rao
28 May 2009 at 10:59
Dear Sir,
When local Govt., sick industry closed its activites for a period of 3 years, then it was sold by private organisation through open bid offered by local Govt.
The local Govt., declared layoff compensation for closed period of 3 years.
While paying the Layoff compensation the local Govt did not deduct the P.F contribution from employee as well as employer.
After passing of 4 years employees have approached the P.F Adulat for non deducting of P.F deductions for the received payment of Layoff compensation.
P.F. authorities also order to the said purchased private organisation to pay the due amount of P.F on payment of Layoff compensation.
1. My question is whether Layoff compensation comes under the wages
2. will the present employer has to pay the due amount of P.F
3.Have any court orders issued relating tp the recovery of P.F deductions while payment of Layoff compensation
TAHIR
28 May 2009 at 09:42
sir i am a student of BA,LLB.4TH SEMESTER AND I WaNT TO SIT IN INDIAN JUDICIAL EXAM.PLEASE TELL ME HOW CAN I PREPARE AND TELL ME ABOUT A GOOD LAW COACHING INSTITUTE IN DEHLI AND DETAILED INFOR MATION ABOUT JUDIACIAL SERVICES AND JUDICIAL EXAMS
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
partition
My sister and myself have property value 10 Lakhs and plan to partition the same.
What will be stamp duty and other fees applicable in chennai.
Please advice