Vyas Gopal Krishan Vyas, J. - (1.) IN this writ petition, the petitioners Union of India through the Secretary, Ministry of Communication, New Delhi and other officers of the department are challenging the order dated 26.09.2008 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 172/2003, whereby the learned Tribunal while disposing of the Original Application has passed the following order: In view of the above discussion, and as the family is facing financial hardship, the respondents are directed to reconsider this case and convert the penalty of dismissal into compulsory retirement. The wife of the deceased government servant may be sanctioned family pension, as per rules, from the date of death of the late Shyam Sundar Vyas. The above exercise may be completed within a period of four months from the date of receipt of a copy of this order. This decision cannot be quoted as precedent since this decision would be applicable to the facts of this case only.
(2.) AS per the brief facts of the case, the original applicant late Shri Shyam Sundar Vyas was working on the post of Postal Assistant in the petitioner department. He was placed under suspension vide the order dated 12.11.1997. Thereafter he was served with charge -sheet vide memorandum dated 04.08.1998 alongwith statement of article of charges and statement of imputation of misconduct. The original applicant filed reply on 15.02.199 to the allegations of misconduct and requested the authorities to issue him the copies of the documents, but his request was not accepted by the Enquiry Officer and vide the communication dated 22.02.1999, he was informed regarding denial of supplying copies of the documents desired by him. After denial of supplying copies of the documents, the original applicant filed a review petition before the Director of Postal Services, Jodhpur. The said authority turned down the request of the original applicant asking for supply of certain documents. The original applicant then preferred further petition dated 07.06.1999 to the Member (Personnel), Postal Services Board, New Delhi against the denial of supplying documents to him which was withheld by the Appellate Authority. The original applicant late Shri Shyam Sundar Vyas had earlier requested that since the Enquiry Officer is well versed in the disciplinary cases and the nature of the case is quasi criminal, therefore, he may be allowed to engage a legal practitioner as his defence assistant, but this prayer was also turned down. The prayer of the original applicant for change of Enquiry Officer on the ground of bias against him was also turned down. Later on finally the Enquiry Officer submitted his Enquiry Report to the Disciplinary Authority on 10.02.2000. Since the Disciplinary Authority to whom the Enquiry Report was submitted was lower in rank than the original applicant, the matter was referred to the D.G., Department of Post, New Delhi for appointing ad hoc Disciplinary Authority and vide order dated 27.02.2001, Senior Superintendent, RMS JP Division, Jaipur was empowered to function as Disciplinary Authority.
(3.) THE Disciplinary Authority sent a copy of the Enquiry Report to the original applicant Shri Shyam Sundar Vyas vide office letter dated 8/9.05.2001 and he was called upon to submit his representation against the finding of the Enquiry Officer, if any, within a period of 15 days. The original applicant submitted his representation on 28.05.2001 against the finding of the Enquiry Officer. After considering the representation, finally the Disciplinary Authority passed an order on 31.08.2001 whereby the penalty of dismissal was imposed upon the original applicant later Shri Shyam Sundar Vyas and the said order was challenged by way of filing Original Application before the Central Administrative Tribunal on various grounds.;