JUBEDABEN BELIM Vs. GENERAL MANAGER-WESTERN RAILWAY

JUDGEMENT

(1.) The petitioner is widow of deceased Belim, who died while on duty on 14.11.1993, leaving behind his widow-present petitioner and minor daughter as well as younger brother-present respondent No.3-Noormohmed. Initially, on the death of Shri Behlim, his widow-the present petitioner filed Affidavit in favour of her brother-in-law Noormohmed-present respondent No.3 for giving him appointment on compassionate ground. However, later on she changed her version and submitted that her Affidavit was obtained by fraud and under pressure. The respondent No.3 was given appointment on compassionate ground in 1996. Aggrieved of that order of appointment given to her brother-in-law in 1996, the present petitioner had earlier approached the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short "The Tribunal") by way of OA No. 170 of 1992. Thereupon the learned Tribunal directed the Railway Authority and make inquiry and submit Report in the matter by interim order dated 3.2.1997. Thereupon inquiry was made and the Report was submitted before the learned Tribunal by the Railway Authority. After considering the Report of the Railway Authority the learned Tribunal finally disposed of that OA No.170 of 1996. Thereafter, the petitioner filed another Application, being OA No.473 of 1997 which was disposed of by the learned Tribunal by its impugned order dated 6.7.1999 (Annexure:B) by directing the Railway Authority to conduct fresh inquiry in the matter and communicate its decision to both, the original applicant as well as respondent No.3. This impugned decision dated 6.7.1999 (Annexure:B) is challenged by the present petitioner in this petition on several grounds.

(2.) It may be stated that by a speaking Order dated 31.7.2001 the Division Bench of this Court directed the Tribunal to expedite the hearing of OA No.473/2000 and decide the same as early as possible and the parties were directed to place on record the copy of order passed by the Tribunal in the Application.

(3.) OA No. 473/2000 was filed by the present respondent No.3 - Noormohmed before the learned Tribunal challenging the impugned order dated 6.7.1999 and the order dated 24.4.2000. The said AO No.473 of 2000 was allowed by the learned Tribunal by its impugned Judgment and order dated 24.6.2002. For placing the said order on record, Civil Application No.2711 of 2004 was filed in this Special Civil Application and the prayer was granted by another Division Bench of this Court on 5.4.2004. Accordingly, impugned order dated 24.6.2002 passed in OA NO. 473 of 2002 has come on record.