UNION OF INDIA Vs. JAGBIR SINGH

JUDGEMENT

(1.) By order dated 20th January, 2009 seven petitions were disposed of by the Central Administrative Tribunal and the memorandum of charges against the employees were quashed including in O.A No.1254/2008 titled Shri Jagbir Singh v. The General Manager, Northern Railway which order is impugned by the petitioner, Union of India and Ors before us in this writ petition. Another original application being O.A No.1253/2008 titled Sh.Ram Kishan v. Union of India was also decided by the said common order dated 20th January, 2009 quashing the charges against the said petitioner which was challenged by the Union of India by filing a writ petition being W.P(C) No.13894/2009 titled Union of India and Ors v. Sh.Ram Kishan & Ors.

(2.) The writ petition filed against the common order dated 20th January, 2009 was dismissed by the High Court by order dated 23rd December, 2009 holding that there was no error in the order dated 20th January, 2009 passed by the Tribunal in the batch of petitions and the Tribunal had rightly quashed the proceedings against the employees. While dismissing the writ petition 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 that is muster roll or the attendance register of the relevant department where the employee/respondent claimed to have served during the relevant period had not been relied upon by the petitioners nor produced by the petitioner and in the absence of the relevant record the charges against the employee could not be sustained.

(3.) This Court had also noted that the petitioners had failed to disclose as to how suddenly, after the impugned order of the Tribunal, the photocopies of the relied documents had been located and how the original record was still stated to be not available. On these grounds the common order dated 20th January, 2009 passed by the Central Administrative Tribunal, Principal Bench from which order, the present writ petition has also been filed, was upheld and the writ petition No.13894/2009 titled Union of India & Ors v. Sh.Ram Kishan was dismissed.