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2008 DIGILAW 2262 (MAD)

C. Uma Devi v. The Registrar, Central Administrative Tribunal & Others

2008-07-07

M.SATHYANARAYANAN, P.K.MISRA

body2008
Judgment P.K. Misra, J. Heard the learned counsel appearing for the parties. 2. The question relates to payment of Family Pension. The present petitioner claims that she has married the deceased employee after the first marriage between the deceased employee and one Smt.Gowri was dissolved. However, this question is disputed by the Railways as according to the Railways, the marriage took place during the subsistence of the first marriage. 3. It appears that some inquiries had been conducted by the Railways. However, statement of many of the witnesses were taken behind the back of the present petitioner inasmuch as the notice of inquiry issued to the petitioner was not served on her because of change of address. 4. In these circumstances, we feel that there is a necessity of fresh enquiry in the presence of all the interested parties. Accordingly, the order passed by the Railways are set aside and the matter relating to payment of Family Pension is directed to be considered afresh after holding a fresh inquiry by giving opportunity to all the parties concerned. 5. The petitioner has expressed certain grievances relating to the previous enquiry officer. The respondents are directed to get the enquiry conducted through some other officer. 6. The writ petition is, accordingly, allowed to the extent indicated above and the matter is remanded for fresh enquiry. Such fresh enquiry shall be completed and decision be taken as expeditiously as possible preferably within a period of four months from the date of receipt of copy of this order. The connected Miscellaneous Petitions are closed. No costs.