Union Of India And Others vs Gopal Sharma
2010 Latest Caselaw 426 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P. (C.) No.507/2010

%                      Date of Decision: 25.01.2010

Union of India and Others                              .... Petitioner
                     Through Mr. Ansul and Ms. Pooja, Advocates.

                               Versus

Gopal Sharma                                     .... Respondent
           Through        Mr. Manjeet Singh Reen, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE MOOL CHAND GARG

1.    Whether reporters of Local papers may be            YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?               NO
3.    Whether the judgment should be reported in           NO
      the Digest?



ANIL KUMAR, J.

*

The petitioner/Union of India through the General Manager,

Northern Railways and others has challenged the order dated 20th

January, 2009 passed in O.A No. 1763/2008 titled Sh. Gopal Sharma

and others Vs. Union of India and others allowing the petition and

quashing memorandum of charges issued against the petitioner. While

deciding OA No. 1763/2008 of the respondent, Principal Bench, Central

Administrative Tribunal had decided many other petitions including OA

No. 1253/2008 titled Sh. Ram Kishan Vs. union of India and others by

a common order.

Against the order dated 20th January, 2009 deciding OA No.

1253/2008 titled Sh. Ram Kishan and others Vs. Union of India and

others, writ petition ( C ) No. 13894/2009 titled Union of India and

others Vs. Sh. Ram Kishan and others was filed. The said petition was

dismissed by order dated 23rd December, 2009 holding that there is no

error in the order dated 20th January, 2009 passed by the Tribunal in

the Batch of petitioners and the Tribunal had rightly quashed the

interim proceedings against the respondent. While dismissing the writ

petitions, it was reiterated that some of the documents were not

supplied to the employees or the copies which were supplied were

illegible and the relevant record i.e. muster roll or the attendance

register of the relevant department where the employees claim to have

served during the period 15th November, 1985 to 18th March, 1986 had

not been relied upon by the petitioners nor produced by the petitioners

and in the absence of charged against the employee shall not be

sustainable. It was also noted that the petitioners have failed to

disclose as to how suddenly, after the impugned order of the Tribunal,

the photocopies of the relied upon documents had been located, still the

original record does not appear to be available. Thus, the order dated

20th January, 2009 by the Central Administrative Tribunal, Principal

Bench in various Original Applications including the present original

application being OA No. 1763/2008 was also upheld.

Therefore, for the same reasons as detailed by this Court in WPC

No. 13894/2009 passed in the writ petition filed against the order dated

20th January, 2009 passed in OA No. 1253/2008 titled Sh. Ram Kishan

Vs. Union of India and others, the present petition filed against the

same order dated 20th January, 2009 passed in OA No. 1763/2008

titled Sh. Gopal Sharma Vs. Union of India and others is also without

any merit and it is, therefore, dismissed.

ANIL KUMAR, J.

JANUARY 25, 2010                              MOOL CHAND GARG, J.
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