Gyan Singh vs Union of India (UOI) and Others

M. Katju, J.—This writ petition has been filed against the impugned order of the Central Administrative Tribunal dated 21.11.1996 vide Annexure-15 to the writ petition and the order dated 15.1.2002, filed on the review petition. The writ petition is belated and is liable to be dismissed on the ground of laches. Moreover, a perusal of the Tribunal''s order dated 21.11.1996 shows that the petitioner who was working as Khalasi had created terror amongst the co-workers by holding out threats and indulging in hooliganism. It is stated that the employees were so much intimidated by the petitioner that they were afraid of giving evidence in the inquiry against him and hence, it was not practicable to hold an enquiry. The Tribunal in paras 14 and 15 of its order has observed that no person is likely to come forward to depose against a person like the petitioner who is involved in more than one case of murder and threatens his superiors with dire consequences. The Tribunal has relied on the decision of the Supreme Court in Union of India and Another Vs. Tulsiram Patel and Others,

The finding of the Tribunal is that no body is ready to depose against the petitioner as he has a criminal background. This is a finding of fact. Hence, we agree with the Tribunal that it was not practicable to hold enquiry against the petitioner. There is no infirmity in the order of the Tribunal. The writ petition is dismissed.