SABITA KUMARI CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents Railway.

(2.) Original Application (in short the "O.A.") No. 20/2009 was filed by the husband of the present petitioner who died during the pendency of the O.A., therefore, the widow was allowed to be substituted and thereafter the O.A. was heard and partly allowed restraining the respondents from realizing or recovery of a sum of Rs. 1,17,890/- but refusing to debar the respondents make other adjustment and recoveries to which the ex-employee or the wife would be entitled to.

(3.) The O.A. was filed for quashing of the two orders which are dated 04.11.2009 making a demand of Rs. 6,86,169/- and letter dated 05.08.2008, whereas recovery of Rs. 7,64,319/- was ordered. The matter related to the husband of the present petitioner when he was posted as Station Manager at Banahi under Danapur Division, he took charge in the month of July 2007, and it was his case that he did so without proper verification and calculation of the tickets. It is only subsequently that he realized that alot of tickets were missing or stood destroyed for which the valuation of Rs. 1,17,890/- was done. Looking at the loss of revenue an inquiry was initiated, the husband of the present petitioner stood suspended and since nothing further moved so the O.A. was filed. However, from the narration of facts in the order impugned dated 24.07.2015 it emerges that besides the domestic inquiry, even a CBI case was instituted against the husband of the present petitioner for the misappropriation of public fund. The erstwhile employee died on 29.12.2010, and therefore, the inquiry as well as the criminal case had abated. However, when the authorities on the basis of the debit note which was said to have been submitted by the husband of the present petitioner a liability of Rs. 7,64,319/- was worked out. The details thereof have been enumerated in paragraph 10 and 11 of the order of the Tribunal which are reproduced hereinbelow: