MANJU SAHAY Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant writ petition, petitioner is legal heir of the deceased employee-Smriti Bihari Sahay. The deceased railway employee was subjected to disciplinary proceedings. Article of charges were issued on 20/3/2007, it was concluded in imposition of penalty of reduction of pay of Rs.4,600.00to 3,200/- for a period of six years with cumulative effect on 2/2/2009.

(2.) Feeling aggrieved and dissatisfied with the Disciplinary Authority's order dtd. 2/2/2009 and in not deciding the deceased employee's appeal, the deceased employee filed O.A No. 482 of 2012 before the Central Administrative Tribunal, Patna Bench, Patna (for short 'CAT'). During the pendency of O.A. No. 482 of 2012, the General Manager has taken steps to enhance the penalty. In the result, deceased employee questioned the validity of the enhancement of penalty dtd. 16/4/2014 in O.A. No. 482 of 2012. O.A. No. 482 of 2012 was dismissed, hence the present writ petition.

(3.) During the pendency of the present petition deceased employee-Smriti Bihari Sahay died and his legal heir Mrs. Manju Sahay is on record and pursuing the present writ petition.