UNION OF INDIA Vs. VEENABEN

JUDGEMENT

(1.) The present petition is filed by the Union of India, through the General Manager, Western Railway, Church Gate, Mumbai being aggrieved by judgment and order dated 19.03.2013 passed by the Hon ble Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application (OA) No.411 of 2011, wherein the Hon ble Tribunal is pleased to hold that,

(2.) There is a saying that the facts are stranger than fiction . This is a fit case to justify the aforesaid saying. Husband of the respondent- original applicant- late Deepakbhai Patel was served with NIP on 05.08.2006. Thereafter, he was removed from service on 18.08.2006. There is no whisper either in the form of challenge to the NIP or challenge to order of removal until the present OA came to be filed on 28.11.2011. In this OA what is prayed for is that,

(3.) The Hon ble Tribunal passed the aforesaid order. The matter requires consideration. RULE. Learned advocate Mr.H.B. Desai for Mr.M.S. Trivedi waives service of rule for the respondent. On a request made by learned advocate Mr.K.M. Parikh for the petitioners the petition is taken up for final disposal for which learned advocate Mr.Desai for the respondent has no objection. The fact that there is NIP issued on 05.08.2006 and the husband of the respondent was removed from service on 18.08.2006, is not in dispute. It is also not disputed by learned advocate Mr.Desai for the respondent that earlier Show Cause Notice was issued to the deceased-employee, to which he did not file any reply. In such a situation, to entertain an OA, which is filed on 28.11.2011 will be nothing else than miscarriage of justice and therefore, judgment and order passed by the Hon ble Tribunal is required to be quashed and set aside. The same is accordingly quashed and set aside. However, the petitioner-Railway is directed to ascertain if any amount is payable to the deceased-employee for the period prior to issuance of NIP and order of removal; if any such amount is due the same shall be paid to the respondent herein- widow of the deceased employee- late Deepakbhai Patel as early as possible, but not later than three months from the date of this order. Rule is made absolute with no order as to cost.