Delay condoned.
Leave granted.
Heard learned counsel for the appellant and learned Additional
Solicitor General appearing for the Union of India.
The appellant is the wife of Subeg Singh who joined service as a
Khalasi (Helper) in the Northern Railways in 1984. Subeg Singh was served
with a charge sheet on 7.7.1995 and he filed his explanation and after
departmental enquiry on 17.11.1995 he was removed from service. Subeg
Singh challenged the order before the Central Administrative Tribunal and
the O.A. was dismissed. The present appellant submitted that her husband
Subeg Singh filed appeal on 10.9.1996 but the respondent Railways does
not admit that the appeal had been filed by Subeg Singh. Subeg Singh died
on 15.8.2000. The present appellant filed an application before the Central
Administrative Tribunal for pension but that was rejected. She challenged
that order before the High Court by way of writ petition and that was also
dismissed on the ground that Subeg Singh had not challenged the order of removal from service by
way of an appeal. It appears that Subeg Singh could not pursue the appeal
as he had passed away during that time. Anyway we are not very much
concerned with the validity of his removal.
It is pointed out by the appellant's counsel that two other
employees, who were prosecuted for disciplinary proceeding along with
Subeg Singh, were later reinstated in service and on going through the
charges framed against him, it appears that the charge against Subeg Singh
was that he had threatened the Superintendent. That apart there was no
other charge against him. He had served for more than 10 years, when he
was removed from service.
In the facts and circumstances, we direct the respondent-
Railways to consider whether the appellant herein would be entitled to get
any pension on compassionate ground. The matter may be considered and
appropriate orders may be passed within a period of three months by the
appropriate authority.
The appeal is disposed of accordingly. No costs.