STEEL AUTHORITY OF INDIA Vs. VIKASH KOTHE

JUDGEMENT

(1.) The petitioners herein seek to challenge the order dtd. 7/1/2019 (Annexure P-1) passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting: Bilaspur in Transferred Application No.203/00011/2014, by which the application filed by respondent No.1 herein has been allowed and the order of the disciplinary authority dtd. 17/9/2011 removing the husband of respondent No.1 from service, has been set-aside and the petitioners herein were directed to pay all consequential benefits to respondent No.1 herein.

(2.) The aforesaid challenge has been made on the following factual backdrop: -

(3.) The husband of respondent No.1 was working on the post of Senior Technician (Electrical) at Bhilai Steel Plant (BSP), Bhilai in Rajhara Mines. He was mentally ill and went missing and remained absent from duty for a very long time. On 14/1/2010, FIR was lodged at the instance of respondent No.1 regarding missing of her husband i.e. the BSP servant. Paper publication was also made in the local news paper regarding missing of respondent No.1, on 18/2/2010. Thereafter, the Station House Officer, Police Station Rajhara informed the General Manager, BSP regarding missing of respondent No.1's husband, but ignoring the missing status of the BSP servant, BSP issued charge-sheet against the husband of respondent No.1 on 11/12/2010 and sent the same to local and permanent addresses of the BSP servant, however, the same were returned un-served since he was missing. Notices were affixed in the notice board of BSP for hearing of the BSP servant before the enquiry committee. However, ex parte proceeding was conducted and ex parte enquiry report was submitted by the Enquiry Officer on 12/5/2011. Ultimately, the disciplinary authority of BSP, by order dtd. 17/9/2011, passed order directing removal of the husband of respondent No.1 from service and to vacate the company quarter within one month leading to filing of writ petition before this Court which was transferred to Central Administrative Tribunal (CAT) for hearing and disposal in accordance with law.