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2003 DIGILAW 318 (GAU)

Union of India (UOI) v. Nirmali Sarma

2003-07-21

I.A.ANSARI, P.P.NAOLEKAR

body2003
JUDGMENT P.P. Naolekar, J. 1. Heard Mr. B. Sarma, the learned Additional Central Government Standing Counsel appearing on behalf of the petitioner and Mr. A. Khalique, the learned counsel appearing on behalf of the respondent. 2. The respondent's husband, late Hem Chandra Sarma, was serving as Sub-Post Master at Bamun Bari Sub-Post Office. His service has been terminated by an order dated 26.6.1989. It appears that the service of the respondent's husband has been terminated on the charge that he remained absent from service and for defalcation of certain amount of the Post Office. The order of termination has been challenged by the wife as her husband died on 7.7.1998. 3. The Central Administrative Tribunal, Guwahati after consideration of the entire materials placed on records and the records of the alleged enquiry has found that the termination order has not been preceded by any intimation to the respondent's husband of the enquiry and as a result thereof the Central Administrative Tribunal has set aside the order of termination. In the appeal preferred by the Union of India, the learned counsel for the petitioner is unable to show us any notice by which the respondent's husband has been informed of the initiation of departmental enquiry against him. In the absence of notice whatsoever, the proceeding taken up against the respondent's husband was without jurisdiction and against the principle of natural justice. The learned Central Administrative Tribunal has rightly quashed the order of dismissal. We do not find any good or sufficient reason to interfere with the order passed by the learned Central Administrative Tribunal, Guwahati. 4. Accordingly, the writ petition is dismissed. Appeal dismissed.