GHAN SHYAM Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Petitioner Ghan Shyam, a Khalasi, working in the Northern Railways, was compulsorily retired vide orders dated 24-4-1998. The Appeal preferred against the order of compulsory retirement was dismissed on 8th June, 1998. Petitioner preferred a Revision before the Revisional Authority, which was also dismissed on 4-8-1998. A Mercy Appeal preferred to the President of India met the same fate and was rejected on 27-2-2001. Petitioner thereupon, preferred the O.A. No. 3015/2003 along with M.A. No. 2616/2003, which was dismissed by the Central Administrative Tribunal (CAT) as barred by limitation, vide orders dated 19-1-2004. Petitioner suffers from a 95% disability. His both legs were amputated following an accident in the year 1987. He moves on wheel chair. Learned counsel for the petitioner, Mr. K.K. Sharma submits that the case deserves a compassionate approach. The delay in preference of the appeal should have been condoned keeping in mind the disability, suffering and penury of the petitioner.

(2.) It would be appropriate to recapitulate the facts leading to the passing of the order for compulsory retirement for a proper appreciation of the pleas urged by the petitioner in assailing the said order and for condonation of delay in preferring the appeal/OA before CAT.

(3.) Petitioner is alleged to have misbehaved with CDO In-charge Mr. K.B. Awasthi on 31-8-1996, by using abusive and unparliamentary language in the "Sick Line". It is alleged that he again misbehaved and used abusive language in the coaching yard later in the afternoon on the same day. The incident happened in the presence of several witnesses. The fact-finding inquiry after recording statements of witnesses and complainant arrived at the conclusion that the petitioner had misbehaved and abused CDO In-charge, in the Sick Line at 14.15 hrs. and in coaching yard later in the afternoon.