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2025 Supreme(Online)(CAT) 3994
CENTRAL ADMINISTRATIVE TRIBUNAL
RAJVEER SINGH VERMA, J
Arun Joseph – Appellant
Versus
The Union of India, Ministry of Railways – Respondent
O.A. No. 051/00792/2022
For the Appellants/Petitioners: Shri P.K. Mukhopadhyay
For the Respondents: Smt. Amit Sinha, ASC
An employee removed from service due to a criminal conviction is entitled to compassionate allowances, including pension and gratuity, which must be paid upon reconstruction of service records.
Headnote:(A) Railway Servants (Discipline and Appeal) Rules, 1968 - Rule 14(1) - Removal from service - Compassionate allowance - Applicant, convicted of dowry death, removed from service but entitled to 2/3rd pension and gratuity. Respondents directed to pay arrears and reconstruct service records within three months. (Paras 17, 21)
(B) Disciplinary Authority's power - Authority upheld removal order and granted compassionate allowance despite conviction. (Paras 17, 21)
Facts of the case:
The applicant was removed from service due to a conviction for dowry death and sought payment of pension and gratuity, which was delayed due to misplacement of service records by the respondents.
Findings of Court:
The court directed the respondents to pay the pension and gratuity as per the Disciplinary Authority's order and to reconstruct the service record.
Issues: The main issues were the entitlement to pension and gratuity post-removal and the responsibility for the misplaced service records.
Ratio Decidendi: The court held that the applicant is entitled to the benefits as per the Disciplinary Authority's order and that the respondents must act on the reconstruction of service records.
Result: Original Application disposed of with directions.
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding service record and pension (Para 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15) |
| 3. court's observations on responsibilities and obligations (Para 16 , 17 , 18 , 19 , 20) |
| 4. final orders and directions to respondents (Para 21 , 22 , 23) |
ORDER
PER:-RAJVEER SINGH VERMA, MEMBER [J]
1. The applicants filed the OA for following relief: -
“1. (A) For direction upon the respondents to pay the compassionate allowance 2/3d of pension and gratuity of the applicant with 18% p.a. from the date of removal of the applicant from railway service, vide Letter No. MP 1026 / DHN / M / 01 / 04 dated 17.10.2007 issued under the signature of Disciplinary Authority cum Senior Divisional Mechanical Engineer (P), East Central Railway, Dhanbad, till the date of actual payment including the arrears of pensionery benefits and current pension as well as other terminal dues.
(B) For further direction may be issued upon the respondents to fix and pay the amount of pension including the arrears of pension and current pension applicant. to the (C) For further direction may be issued upon the respondents to pay the applicant cost of litigation and damages, which is quantified as of Rs. 1,50,000/- apart from 18% interest upon the due amount for unnecessarily delaying the aforesaid payment by giving reply to the application dated 05.07.2022 submitted by the applicant under Right to Information Act, 2005, vide letter dated 21.07.2022, issued by Assistant Personnel Officer, East Central Railway, Dhanbad.”
2. Brief facts of the case are that applicant was initially appointed on Class-IV post in Operating Branch of the then Eastern Railway, Dhanbad on 09.01.1980 and had been issued a medical fitness certificate. Thereafter, applicant was posted as Engine Lighter, LF, Dhanbad after appointment and promoted to the post of Clerk, Grade-II vide office order dated 28.11.1996. Thereafter, applicant was further promoted to the post of Clerk, Grade-I in the scale of Rs. 4500-7000/- vide office order dated 21.11.2001.
3. While working as Clerk, Grade-I, applicant’s wife accidently caught fire on 04.03.2023 and died on 12.03.2003 at Bokaro General Hospital. Thereafter, brother-in-law of applicant lodged an FIR bearing PS Case No. 186/2003 against the applicant and in that connection, the applicant was arrested and forwarded to Dhanbad District Jail on 23.03.2003 and was released on bail from Jail on 24.07.2008. He pursued the applications before the Sr. D.P.O., E.C. Railway, Dhanbad and prayed for subsistence allowance for the period, he remained under suspension due to the criminal case and replied to the show cause notice, received by him inside Jail.
4. The Disciplinary Authority passed an order of removal from service against the applicant vide office order dated 17.10.2007 as contained in Office Order No. MP 1026/ DHN/ M/01/ 04. Thereafter, applicant preferred an appeal before the Appellate Authority from inside Jail which was declined upholding the order of punishment passed by the Disciplinary Authority vide order dated 10.06.2009.
5. The respondent authorities issued a cheque of Rs. 2,03,619/- dt. 05.01.2009 by way of subsistence allowance in favour of the applicant from the Office of FA&CAO, E.C. Railway, Dhanbad.
6. The applicant submitted representations before the competent authorities vide applications dated 04.01.2010, 02.07.2010, 05.01.2011, 08.08.2012, 02.02.2013, 10.10.2015 & 02.09.2019 demanding amount of 2/3rd of pension and gratuity but no response was received. Applicant again made an application under RTI, ACT, 2005 on 09.10.2019, 21.11.2019, 08.10.2020 and 07.12.2020, but to no avail. The applicant submitted an application before the PMO and the Sr. D.P.O., E.C. Railway, Dhanbad issued a letter on 11.01.2021 stating that his service records are being traced out and after submitting several representations dated 12.10.2021, 26.04.2022, Sr. D.P.O., E.C. Railway, Dhanbad replied
