Original Application No. 683 of 2005. Case: 1. Hari Shanker S/o Late Janki Prasad, 2. Dharmendra Kumar S/o Late Janki Prasad, 3. Hemant Kumar S/o Late Janki Prasad, 4. Pushp Lata D/o Late Janki Prasad, 5. Rajkumari D/o Late Janki Prasad Vs 1. Union of India, Through the General Manger, North Central Railway, Allahabad, 2. Divisional Railway Manager (Engg.), North Central Railway, Allahabad Division, Allahabad, 3. Divisional Superintending Engineer (II), North Central Railway, Allahabad Division, Allahabad, 4. Assistant Engineer (Track), North Central Railway, Tundla. Central Administrative Tribunal
| Case Number | Original Application No. 683 of 2005 |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & D. C. Lakha (Accountant Member) |
| Issue | Service Law |
| Judgement Date | May 20, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member)
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The applicants herein are the legal heirs of one Shri Janki Prasad, who was employed in the Railways since 1971. The said Janki Prasad was removed from service, in the wake of a disciplinary proceeding, on 30.01.1995. It was only in 2003, after he had filed O.A. No.385 of 1995 that in pursuance of an order dated 24.05.2002 of this Tribunal in the afore said O.A., that his appeal was considered by the Department which dismissed the same on 26.03.2003. Meanwhile the applicant died on 11.07.2002. The legal heirs of the applicant made their representation. A revision petition was filed, which was pending when another O.A. No.975 of 2004 was filed and the said O.A. was disposed of with a direction to the respondents to decide the revision petition. Revision petition was dismissed on 03.03.2005 against which this O.A. has been filed seeking following relief's:-
(a) That the order of removal from service dated 31.01.1995 (Annexure A-1 to the compilation I), order of appellate authority dated 26.03.2003 (Annexure A-2 to the Compilation I) and order dated 3.3.2005 of Revisional authority (Annexure A-3 to the compilation No.I) passed by respondent No.4, 3 and 2 respectively be declared illegal and the same may be quashed and further the respondents be directed to provide all the consequential benefits of service of late Janki Prasad to applicants including appointment on compassionate ground to applicant no.2.
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Respondents have contested the O.A.. According to them, the charge sheet was issued to the applicants father on 27.05.1992 and the same was returned with the remarks of the postman 'refused'. Later on the matter of SF-5 was published in the local newspaper Dainik Ujala dated 30.11.1993. However, as the charge sheet was not responded by the said Janki Prasad, the order of removal was passed.
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The Applicants have filed their Rejoinder Affidavit reiterating the contentions as contained in the original application.
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Written Arguments were called for and the same has been filed by the counsel for the applicant.
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The applicants have in Para-6 of the O.A. stated as under:-
6. That in fact before passing order dated 31.01.1995 neither the father of applicants was given any opportunity to submit reply of charge-sheet nor any enquiry officer was appointed for conducting regular inquiry nor any enquiry was conducted by any authority nor the father of applicants was afforded any opportunity at...
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