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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Gauri Devi – Appellant
Versus
Union of India – Respondent
P. B. Bajanthri, J.—Petitioner has assailed the order of the Central Administrative Tribunal, Patna Bench, Patna (in short ‘CAT’) dated 12th February, 2016 passed in O.A. No. 050/00804/2014. Petitioner is wife of Late Rajesh Ram. She has assailed the order of dismissal of her husband from the post of Sweeper under Rule 19(ii) of CCS (CCA) Rules, 1965 read with Rule 3(1)(ii) & (iii) and Rule 22 (b) of the CCS (Conduct) Rules, 1964 dated 24.05.2011 and further sought for compassionate appointment against one of the Group D post.
2. Rajesh Ram-employee of the respondents declared to have been died after seven years from the date of missing. He was missing from 02.04.2007. The respondents tried to contact deceased employee by all modes including news item in Dainik Jagran on 17.07.2009, since there was no response. Resultantly, charge memo was issued on 13.08.2010 and on the same day inquiring officer and presenting officer were appointed. We have noticed that charge memo was not notified in the newspaper when the respondents could not serve a copy of the charge memo on the late employee through some mode. Employee could have been declared as dead only after seven years from the date of
No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.
The main legal point established is that a permanent employee should be subjected to disciplinary proceedings under the Railway Servants (Discipline and Appeal) Rules, 1968 for any alleged misconduct....
Disciplinary action against a missing employee is invalid; presumption of civil death permits family pension and compassionate appointment.
Failure to challenge a removal order during the deceased's lifetime can make a plea for compassionate appointment untenable.
Termination of service upheld due to lack of disciplinary proceedings; compassionate appointment denied due to delay and non-existent service at the time of death.
Procedural deficiencies in disciplinary inquiries violate natural justice principles, leading to invalidity of dismissal and entitling affected parties to reconsideration of benefits.
A spouse cannot claim compassionate appointment if the deceased was removed from service prior to death without contesting that removal during their lifetime.
[The court established that compassionate appointment claims must adhere to the rules in effect at the time of application, and that the presumption of civil death does not negate prior dismissals or....
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