(1.) Leave granted.
(2.) Mohammad Iqbal used to work as a Cleaner under the Railways. He was employed in 1976. On 30-5-1983, disciplinary proceedings were commenced against him and he was removed from service on 28-8-1984 after holding an in query. Iqbal challenged the order of termination of service by filing a civil suit in the Court of Civil Judge, Rajkot. The suit was transferred to the Central Administrative Tribunal, Ahmedabad Bench. The Tribunal after hearing the case directed Iqbal to present an appeal before the Appellate Authority within fifteen days. The Appellate Authority was also directed to dispose of the appeal within three months. Iqbal presented the appeal to the Divisional Railway Manager who was the Appellate Authority on 4-8-1988. The appeal was rejected on 16-11-1988. Thereafter, Iqbal filed a mercy petition before the Divisional Railway Manager on 4-12-1988. But before it could be decided, Iqbal died on 16-4-1989. Therefore, the appellant who is the widow of Iqbal made another mercy petition on 24-4-1989 which was rejected by the Divisional Railway Manager. Thereupon, Jubeda Mohammad Iqbal, the widow made an application to the Central Administrative Tribunal seeking a declaration that termination of service of her late husband Mohammad Iqbal was unlawful and should be quashed. She also prayed that the period between 28-8-1984, the date of termination of service of her husband and 16-4-1989, th date of death may be treated as period on duty. Full salary was claimed for that period and a prayer was also made for all consequential reliefs.
(3.) The case of the respondents on the other hand was that Mohammad Iqbal was charge-sheeted for his misconduct and a proper inquiry was held and full opportunity of being heard was given to him. The charges were found proved and thereafter, his services were terminated by a competent Disciplinary Authority. There was no infirmity in the order of dismissal. The appeal preferred by Iqbal was duly considered and rejected by the Appellante Authority on 16-11-1988, during the lifetime of Iqbal. Iqbal did not challenge that order before the Central Administrative Tribunal, but decided to make a mercy petition to the Divisional Railway Manager which was also rejected and the order was communicated to the widow of the deceased, who is the appellant herein.