ANANDA GOPAL ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that falls for determination in this appeal is whether the Tribunal was right in rejecting the prayer of the petitioners for condonation of delay in preferring the O.A being No. 350/00547/2018.

(2.) The appellants' case is that their father namely Prabhat Kumar Roy acted as an extra Departmental Branch Post Master of Perua Gopalpur in the year 1969 and while discharging duties he was impleaded as an accused in a criminal case being Special Court Case No. 5 of 1987 for committing criminal breach of trust in respect of sum of Rs.250.00 He was tried before the First Special Court, Birbhum, Suri and exonerated from that case in the year 1991.

(3.) On account of accusation of criminal breach of trust the service of Prabhat Kumar Roy, father of the applicants was terminated. However, despite the acquittal from the criminal complaint he was not reinstated into his service. Upon not being allowed to re-join, father of the petitioners made a representation to the authority and the representation was disposed of vide order dtd. 4/2/1992 inter alia stating that the service of Prabhat Kumar Roy had already been terminated. Thereafter Prabhat Kumar Roy sent a letter to the Respondent No. 3 through his Advocate for providing him all service benefits with retrospective effect from the date of his termination, but there was no response on the part of the Respondent No. 3.