UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner is challenging the impugned order of the Central Administrative Tribunal dated September 6, 2002. The respondent No. 2 is the widow of late Dinesh Kumar who was appointed as temporary labour (khalasi) on 3/02/1987. He was absent from service from April 19, 199 4/02/1995 and was chargr-sheeted and removed from service with effect from 14/06/1996. Subsequently he died. His widow filed an O. A. before the Tribunal. The Tribunal has held that the enquiry was illegal as the enquiry was ex parte and no enquiry report was sent to the applicant.

(3.) These are findings of fact and hence we cannot interfere in writ jurisdiction. Moreover, apart from merits of the case, we are not inclined to exercise our discretion under Article 226 of the Constitution since the respondent No. 2 is a widow and she has been granted pension and other benefits by the Tribunal. Hence we are not exercising our equity jurisdiction under Art. 226 in such a case. The petition is dismissed.