SUPERINTENDENT OF POST OFFICES DARBHANGA Vs. KAMESHWAR JHA

JUDGEMENT

(1.) TWO Hon'ble Members of the Tribunal have reached the same conclusion on the claim petition by their order of 9 April 2000, which has been impugned in the present petition.

(2.) KAMESHWAR Jha was appointed as a Postal Clerk in Darbhanga Division on 28 December 1954. The allegation against him in a departmental proceedings is to the effect that he had used a forged marksheet for getting an appointment on 10 April 1960. The departmental proceedings were impugned by Title Suit no. 234 of 1967/11 of 1975, which was dismissed giving rise to an appeal being T.A. 24 of 1993 before the District Judge, Darbhanga. While the appeal was pending before the District Judge, the Central Administrative Tribunal Act, 1985 was enacted and the case was transferred to the Central Administrative Tribunal and was registered as Claim Case no. TA -7 of 1993, Kameshwar Jha vs. Union of India and ors.

(3.) IN any case the applicant has been sufficiently punished and for the period for which he has not worked no emoluments are being given to him. The Court does not find any error in the order of the Tribunal because even if the Court would have interfered with the Tribunal 's order it would be tantamount flogging a dead horse.