RAM KISHAN HOODA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was inducted into the service of the Delhi Sorting Division under the Department of Posts, on 6.8.1973 against the post of Sorting Assistant. The petitioner was placed under suspension on 2.8.1987 on account of pendency of criminal proceedings against him, emerging out the registration of a First Information Report dated 24.7.1987, under Sections 302, 148 and 149 of the Indian Penal Code. The trial of the aforesaid case was entrusted to the Additional District and Sessions Judge, Rohtak. On the culmination of the criminal proceedings, the petitioner was convicted by the Additional District and Sessions Judge, Rohtak, on 30.7.1988. Accordingly, the petitioner was sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 148 of the Indian Penal Code, and to undergo rigorous imprisonment for life under Sections 302/149 of the Indian Penal Code, and to pay a fine of Rs. 200/-, and in default of payment of fine, to undergo further rigorous imprisonment for three months. Consequent upon the conviction of the petitioner, he was dismissed from service by an order dated 31.10.1989 (Annexure P-1). It needs to be highlighted, that the order of dismissal of the petitioner from service dated 31.10.1989, is not subject matter of challenge before this Court. It also needs to be noticed, that the appeal preferred by the petitioner against the order passed by the Additional District and Sessions Judge, Rohtak, dated 30.7.1988, was also dismissed by this Court, on 22.8.1990.

(2.) It is in the aforesaid circumstances that the petitioner moved a representation under Rule 41 of the CCS Pension Rules, 1972 (hereinafter referred to as the 1972 Rules). Rule 41 of the 1972 Rules, is being extracted hereunder:-

(3.) In order to claim compassionate allowance, the petitioner challenged the aforesaid order dated 20.2.1997 by approaching the Administrative Tribunal, by filing Original Application No. 399-HR of 1997. The aforesaid application was disposed of by the Administrative Tribunal, on 23.4.1997. A perusal of the order dated 23.4.1997 reveals, that a well reasoned speaking order had been passed by the competent authority, and that, all the relevant factors had been taken into consideration, and as such, the order dated 20.2.1997, passed by the Director, Postal Services, Haryana Circle, Ambala, was held to be legal and valid.