MOSMAT RAJ BANSI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed at the instance of the widowed wife of one Anirudha Ram, a postal employee who was dismissed from service following a disciplinary proceeding on certain charges. She seeks to challenge the order dated September 9, 1999 passed by the Central Administrative Tribunal Patna Bench dismissing O.A.No. 494/94 filed by the deceased employee against the order of his dismissal from service. During the pendency of the case before the tribunal the applicant died and his wife (the present petitioner) got herself substituted in his place to pursue the relief (s).

(2.) IT seems that the aforesaid Anirud -ha Ram (hereinafter referred to as 'the concerned employee ') got carried away by the accidental death of one of his colleagues on 16.2.1987. The concerned employee and a number of others seem to have held the Post Master General responsible for the fatal accident. On the following day (17.2.1987) a number of employees, forming a mob, collected in the premises of the PMG office. The concerned employee was one of them. They went upstairs in the office building and broke open the door to forcibly enter into the room where the Post Master General and the Assistant Post Master General had taken shelter. The concerned employee and others then severely and mercilessly beat up the Post Master General and the Assistant Post Master General.

(3.) THE concerned employee seems to have employed every trick in the boon to frustrate the enquiry. He first absented himself from the enquiry proceedings and allowed the departmental witnesses to be? examined exparte. Later, he raised objection before the Enquiry Officer regarding those witnesses having been examined behind his back. On the objection raised by the concerned employee witnesses were re -summoned for their cross -examination by the concerned employee but on the date fixed for the purpose a request for adjournment was made on his behalf on the ground that he was not well. The Enquiry Officer then declined to adjourn the proceedings and thus the statements of the departmental witnesses remained on the record without any cross - examination by the concerned employee.