UNION OF INDIA Vs. SHARDA BAI

JUDGEMENT

(1.) Challenging an award dated 1.8.2006 Annexure P/12, passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur in Case No.CGIT/L.C/R/219/91, answering the reference in favour of the Workman concerned, this writ petition has been filed by the petitioners/management.

(2.) Respondents herein are the Legal Heirs of deceased workman Shri Shiv Charan Choudhary, who was working as a Postal Assistant in the office of Senior Superintendent of Post Office, Sagar. It seems that Shri S.C. Choudhary while in service was transferred from Sagar to Narsinghgarh in the year 1988 and, therefore, he raised a TA Bill on 23.9.1988 alongwith certain claim for domestic luggage transportation in Truck Bearing No.MPA-5657 and raised a claim of Rs, 600/-. An objection was raised by the competent authority of the department to the bill on various grounds and ultimately it was found that the bill has been raised in an illegal manner and inspite of the fact that the amount has not been spent, a false claim has been made. Accordingly, a preliminary inquiry was conducted into the matter and finding a prima facie case established departmental proceedings were held. In the departmental proceedings it seems that the workman Shri S.C. Choudhary admitted the allegations levelled against him, contended that he had no intention to defraud the Department and pleading ignorance and making submissions with regard to his poverty, sought to be exonerated. On the basis of the material that came on record, the Enquiry Officer submitted a report and based on this report, the disciplinary authority imposed a punishment of reduction of pay by three stages in the pay scale in question with effect from 1.11.1989 and accordingly the order of punishment was given effect to with effect from 1.11.1989, after withdrawing three increments granted, pay of Shri S.C. Choudhary was reduced from Rs.1150/- to Rs.1075/- and the punishment order was given effect to. Late Shri S.C. Choudhary accepted the punishment and did not challenge the same.

(3.) Things stood as indicated hereinabove when the Director of Postal Services issued a show-cause notice on 6.1.1990 exercising the powers conferred upon him under Rule 9(1)(v) read with sub-rule (b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and it was indicated in the show-cause notice that for the alleged misconduct established, the punishment imposed is too less and proposed enhancement of punishment to that of compulsory retirement. Late Shri S.C. Choudhary submitted his reply to the same and finding the same to be unsustainable, order Annexure P/2 was passed by the competent authority imposing the punishment of compulsory retirement. This order dated 4.5.1990 became the subject matter of challenge in an Industrial Dispute raised on behalf of Late Shri S.C. Choudhary and when the conciliation failed, the matter was initially referred to Central Government Industrial Tribunal-cum-Labour Court, Jabalpur and the said Tribunal passed an award on 16.4.1996 by answering the reference against the workman concerned and held that the action of the competent authority is legal and proper and no interference is called for. Annexure P/6 is a copy of the award passed on 16.4.1996.