Union of India vs The Registrar Central Administrative Tribunal

This writ petition is directed against the order dated 08.01.2014 passed by the Madras Bench of the Central Administrative Tribunal ("the Tribunal" for short) in O.A. No. 1128 of 2011.

The son of the second respondent, viz., late Sri. Arockiya Selvam, while working as Helper, Grade II, was served with a memo on 27.01.2010 for remaining unauthorizedly absent from duty from 29.11.2009 onwards. He submitted his explanation on 20.03.2010 and 21.06.2010, enclosing medical certificates. In the explanations, he stated that on account of his ill health, he remained absent. A proper enquiry was held. Pursuant to the enquiry, a penalty advice dated 28.09.2010, removing him from Railway service, was served on him. There against, an appeal was filed to the third petitioner/third respondent before the Tribunal, which was also dismissed. Thereafter, a review application was filed on 20.03.2011 before the second petitioner/second respondent before the Tribunal. During the pendency of the Review Application, the second respondent''s son died on 27.03.2011. The mother of the late delinquent employee, viz., the second respondent herein, filed the Original application before the Tribunal, which is the subject matter before us in this writ petition.

The Tribunal, having considered all aspects of the matter, held that the appeal and review proceedings was a continuous process as the same is prescribed under the statutory provisions. Thus, it was held by the Tribunal that the son of the second respondent herein died during the currency of the proceedings. Relying on (i) the judgment of this Court in K.P. Marimuthu (Since Deceased), Ramayee, Mariamma, Devaki, Raman, Lakshmanan, Krishnaveni, Anbu Selvi, Bhagyalakshmi and Kumaravalli Vs. The Superintendent of Police, Dharmapuri, The Deputy Inspector General of Police, Western Range, Coimbatore., Inspector General of Police, Mylapore, Madras and State of Tamil Nadu, ., (ii) the judgment of the Jharkhand High Court in Prema Marandi vs. State of Jharkhand and Others [W.P.(S) No. 5987 of 2008] and also (iii) the judgment of the Allahabad High Court in Union of India and Others vs. Ram Pal and Others (CMWP No. 33394 of 2009), set aside the penalty of removal, on account of the death of the delinquent employee during continuation of the proceedings and directed the petitioners to grant other benefits like pension, gratuity, etc. flowing from the quashing of the penalty of removal from service. No arrears of wages were granted.

In the facts of the case, the son of the second respondent was merely a Helper, Grade-II and his earning was the source of livelihood of the entire family. During continuation of the disciplinary proceedings, he died leaving his mother behind. At this stage, when his mother is pursuing the remedy, without going into the merits of the case and also in the facts of the case, we are of the considered opinion that the order passed by the Tribunal does not warrant interference, in the peculiar facts of the case. The question of law involved is left open for consideration in the appropriate case.

Accordingly, the writ petition is dismissed. No costs. Connected Miscellaneous Petition is closed.