Whether allegation that annual confidential report was written with malafide is tenable?

 It is apparent that in this case the applicant has been given an opportunity of hearing and principles of natural justice have been followed and after considering his defence the impugned orders have been passed rejecting his request to improve the gradings. The applicant has made various allegations but surprisingly no one has been impleaded by name as a party so as to alleged or prove any mala fide intentions on the part of the named authorities.
It is settled legal proposition that in case allegations of mala fide are made against any person he is to be impleaded by name, otherwise the allegations cannot be considered as held in the cases of (Dr. J.N. Banavalikar v. Municipal Corporation of Delhi and Anr., MANU/SC/0083/1996 : AIR 1996 SC 326; State of Bihar and Anr. v. P.P. Sharma, I.A.S. and Anr., MANU/SC/0542/1992 : 1992 Suppl (1) SCC 222; I.K. Mishra v. Union of India and Ors., MANU/SC/0927/1997 : (1997) 6 SCC 228; and All India State Bank Officers Federation and Ors. v. Union of India and Ors., MANU/SC/1377/1997 : JT 1996 (8) SC 550.

In the case of Federation of Officers Association v. Union of India and Ors., MANU/SC/0231/2003 : 2003 AIR SCW 1764, the Apex Court has held that the allegation of mala fide has to be specifically made and the person against whom such allegations are made has to be impleaded and in his absence such allegations cannot be taken into consideration.

 The allegations made by the applicant in this case against Reporting Officer and Reviewing Authority are of sweeping in nature and do not require any investigation on the issue for the reason that same are not specific and fall short of making any inquiry in this regard. The issue of "malus animus" was considered in the case of Tara Chand Khatri v. Municipal Corporation of Delhi and Ors., MANU/SC/0549/1976 : AIR 1977 SC 567, wherein the Hon'ble Supreme Court has held that the High Court would be justified in refusing to carry on investigation into the allegation of mala fides, if necessary particulars of the charge making out a prime facie case are not given in the writ petition and burden of establishing mala fide lies very heavily on the person who alleges it and there must be sufficient material to establish malus animus.

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

O.A. No. 060/00296/2014

Decided On: 26.05.2016

Jaswinder Singh Vs. Union of India

Hon'ble Judges/Coram:Sanjeev Kaushik, Member (J)

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Whether ex gratia payment made to widow of person died in accident can be deducted from compensation payable to her?

 In view of above, this issue is no longer res integra. We hold that the amount which is payable to the applicant under ex-gratia payment could not have been reduced by deducting the amount paid under Workmen s Compensation Act. Applicant is entitled to get the difference of the amount. Accordingly, respondents are directed to release the deducted amount of Rs. 1, 78, 940/- to the applicant within a period of 8 weeks from the date of receipt of a copy of this order. We are not inclined to grant any interest in this case because applicant has herself approached the court with some delay, therefore, she would not be entitled to get any interest.

Central Administrative Tribunal - Delhi

Smt. Beghmati vs The General Manager on 25 November, 2010

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