SHEELA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the Petitioner has assailed the legality of the order dated 13.1.2005 passed by the learned Central Administrative Tribunal, Jaipur (here-in-after to be referred in short as, 'the Tribunal') in OA No. 78/2004 (Smt. Sheela Devi v. Union of India and Ors.) whereby the application moved by the Petitioner has been rejected.

(2.) Briefly stated the facts, for the disposal of this writ petition, are that the Petitioner is the wife of late Shri Ramlal Jain. Late Shri Ramlal Jain while working on the post of Sub-Post Master, New Colony, Bundi during the period from 26.12.1981 to 8.1.1985 embezzled from the post office a sum of Rs. 38,205/-, therefore, he was put under suspension under Rule 10(1)(b) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (here-in-after to be referred as, 'the CCA Rules') vide memo No. F6-5/84-85 dated 2.4.1985, consequently the disciplinary action was initiated against him. After completion of inquiry he was punished with major penalty and was removed from service by the order of the disciplinary authority dated 2.8.1988 and the order of removal came into force w.e.f. 4.8.1988. Late Shri Ramlal filed a revision petition before the revisional court instead of preferring appeal but without any success as the revision petition was dismissed on 26.12.1989. The matter in relation to embezzlement made by Late Shri Ramlal was also reported to the police and an FIR was lodged in the police station City Kotwali, Bundi. After completion of investigation, the charge-sheet was filed in the court of Additional Chief Judicial Magistrate No. 2, Bundi. After trial, the accused was acquitted by giving benefit of doubt vide judgment and order dated 30.9.2000. Late Shri Ramlal filed OA No. 225/2001 before the tribunal. A reply to the OA was filed. In the meantime, Ramlal the husband of the Petitioner died on 21.1.2003 and the present Petitioner being legal heir withdrew the case from the tribunal on 3.12.2003 with liberty to file duly constituted Original Application. The Petitioner, thereafter, filed OA No. 78/2004 before the tribunal with the following prayers:

(3.) The learned tribunal found that bar of limitation has not been satisfactorily crossed by the applicant. As per statutory provisions, the original application can be filed within one year from the date of starting of cause of action. Since punishment was awarded vide order dated 2.8.1988, the applicant did not file any appeal but preferred a revision petition directly, that too was dismissed on 26.12.1989. The tribunal further considered the matter on merit and found that no case was made out to apply discretion in the matter of granting compassionate allowance in the facts and circumstances of the case and rejected the original application vide its judgment and order dated 13.1.2005. Hence, the present writ petition has been filed.