UNION OF INDIA Vs. GOPAL SHARMA

JUDGEMENT

(1.) The petitioner/Union of India through the General Manager, Northern Railways and others has challenged the order dated 20th January, 2009 passed in O.A No. 1763/2008 titled Sh. Gopal Sharma and others Vs. Union of India and others allowing the petition and quashing memorandum of charges issued against the petitioner. While deciding OA No. 1763/2008 of the respondent, Principal Bench, Central Administrative Tribunal had decided many other petitions including OA No. 1253/2008 titled Sh. Ram Kishan Vs. union of India and others by a common order.

(2.) Against the order dated 20th January, 2009 deciding OA No. 1253/2008 titled Sh. Ram Kishan and others Vs. Union of India and others, writ petition (C) No. 13894/2009 titled Union of India and others Vs. Sh. Ram Kishan and others was filed. The said petition was dismissed by order dated 23rd December, 2009 holding that there is no error in the order dated 20th January, 2009 passed by the Tribunal in the Batch of petitioners and the Tribunal had rightly quashed the interim proceedings against the respondent. While dismissing the writ petitions, it was reiterated that some of the documents were not supplied to the employees or the copies which were supplied were illegible and the relevant record i.e. muster roll or the attendance register of the relevant department where the employees claim to have served during the period 15th November, 1985 to 18th March, 1986 had not been relied upon by the petitioners nor produced by the petitioners and in the absence of charged against the employee shall not be sustainable. It was also noted that the petitioners have failed to disclose as to how suddenly, after the impugned order of the Tribunal, the photocopies of the relied upon documents had been located, still the original record does not appear to be available. Thus, the order dated 20th January, 2009 by the Central Administrative Tribunal, Principal Bench in various Original Applications including the present original application being OA No. 1763/2008 was also upheld.

(3.) Therefore, for the same reasons as detailed by this Court in WPC No. 13894/2009 passed in the writ petition filed against the order dated 20th January, 2009 passed in OA No. 1253/2008 titled Sh. Ram Kishan Vs. Union of India and others, the present petition filed against the same order dated 20th January, 2009 passed in OA No. 1763/2008 titled Sh. Gopal Sharma Vs. Union of India and others is also without any merit and it is, therefore, dismissed.