UNION OF INDIA Vs. SHUKRAM MUKA DESHKAR

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

(2.) The petitioner, Union of India, has questioned the illegality and correctness of the order dated 10.03.2017 rendered in Original Application No. 211/00247/2016 by Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur.

(3.) The Original Application was filed by the respondent in the year 2016. It was the case of the respondent that he was working as Postal Assistant in the Department of Posts w.e.f. 01.12.1979. However, he was placed under suspension from 27.01.1987 on account of his alleged serious misconduct. The departmental enquiry was thereafter held against the respondent and he was removed from service w.e.f. 26.12.1992 when the final order imposing major penalty of removal from service dated 26.06.1992 was served upon the respondent. The order imposing penalty of removal from service did not contain anything about the grant of compassionate allowance in terms of Rule 41(1) of the Central Civil Services (Pension) Rules, 1972 (in short 'Rules of 1972'). The respondent, therefore, preferred the Original Application in which the order impugned herein came to be passed.