- (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: (i) That entire record relating to the case be called for and after perusing the same letter dated 1.1.2001 (Annexure A/1) with the revising Authority order dated 26.12.1989 and punishment order dated 2.8.1988 (Annexure A/2 and Annexure A/3) be quashed and set aside with all consequential benefits. (ii) That the charge memo dated 31.5.1986 (Annexure A/4) with the suspension order dated 2.45.1985 (Annexure A/5) be quashed with the enquiry proceedings, as the same is not justified with all consequential benefits. (iii) That the Respondents be further directed to extend the benefits of pay and allowances and pensionary benefits to the applicant with arrears along with interest at market rate or Respondents may be directed to consider the matter as per Rule 41 of CCS Pension Rules 1972 for grant of compassionate allowances taking into consideration of 29 years of service of late husband. (iv) Any other order/direction of relief may be granted in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case. (v) That the cost of this application may be awarded.
(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.;