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2013 DIGILAW 1212 (PAT)

Gayatri Devi v. Union of India through the Chief Security Officer, R. P. F. , Eastern Railway, Kolkatta

2013-10-04

R.M.DOSHIT

body2013
Order This petition under Article 226 of the Constitution is filed by one Gayatri Devi. The petitioner claims that she is the wife of late Prabha Shankar Dubey. In April 1963, the said Prabha Shankar Dubey was appointed as Constable in Railway Protection Force. While posted at Asansol, the said Prabha Shankar Dubey was involved in a case of theft of railway property. After due departmental enquiry, under order dated 29th September 1983 made by the Assistant Commandant, Railway Protection Force, Asansol, the said Prabha Shankar Dubey was removed from service. According to the petitioner, the departmental appeal preferred against the order of removal also came to be dismissed. Since the dismissal of the departmental appeal, the said Prabha Shankar Dubey passed away on 15th December 1983. 2. The petitioner has now in 2007 approached this Court initially to claim the benefit of terminal dues of her late husband the aforesaid Prabha Shankar Dubey and for family pension. 3. Pending this petition, the petitioner has filed Interlocutory Application No. 3287 of 2009 to challenge the order of removal dated 29th September 1983 made against the late Prabha Shankar Dubey. According to the writ petitioner, the husband of the petitioner was wrongly removed from service. 4. The petition is contested by the respondents. Senior Divisional Security Commissioner, Asansol, Kolkata has filed counter affidavit. According to the deponent, the said Prabha Shankar Dubey was involved in many a theft cases. Earlier in 1972, he was visited with punishment of stoppage of three increments. In 1975, on a similar charge, he was removed from service but was reinstated after the Court’s order. Once again in 1983, he was involved in a theft case for which he was removed from service on 29th September 1983. 5. Learned advocate Mr. Anil Singh has appeared for the respondents. He has submitted that according to the then prevalent orders, now codified as Railway Services (Pension) Rules 1993, the removal from service would entail forfeiture of pension. He has relied upon paragraphs 2310 & 2433 of the then prevalent Indian Railway Establishment Code (hereinafter referred to as “the Code”). He has submitted that the very provisions have now been codified in Rule 40 of the Railway Services (Pension) Rules 1993. He has relied upon paragraphs 2310 & 2433 of the then prevalent Indian Railway Establishment Code (hereinafter referred to as “the Code”). He has submitted that the very provisions have now been codified in Rule 40 of the Railway Services (Pension) Rules 1993. Paragraph 2310 of the Code provides, inter alia, “No pension may be granted to an officer dismissed or removed for misconduct …..” Paragraph 2433 of the Code provides, inter alia, that dismissal or removal from public service for misconduct entails forfeiture of past service. 6. The challenge to the order of removal from service made against the late Prabha Shankar Dubey by his wife in 2009 cannot be entertained on the grounds of delay, laches and acquiescence. The order of removal of the late Prabha Shankar Dubey having become final, the petitioner’s claim to family pension is totally misconceived and requires to be rejected outright. 7. In view of the admitted fact that the late Prabha Shankar Dubey was removed from service for misconduct and in view of the above referred paragraphs 2310 & 2433 of the Code, all services rendered by the said Prabha Shankar Dubey stood forfeited. The said Prabha Shankar Dubey, therefore, would not have a sustainable claim for pension; nor can the petitioner have a sustainable claim for family pension. 8. The deponent has categorically mentioned that since the death of the aforesaid Prabha Shankar Dubey, the petitioner was paid the terminal dues such as Provident Fund amount and the Group Insurance amount. The statement is supported by the documentary evidence. The aforesaid amounts were received by one Vijay Kumar Dubey, son of late Prabha Shankar Dubey. 9. The petition is devoid of merit. The petition is dismissed. Interlocutory Application No. 3287 of 2009 stands disposed of.