#Section 108 Indian Evidence Act

CAT Allahabad set aside the removal of a railway employee presumed dead under Section 108 of the Indian Evidence Act, directing payment of family pension, arrears, and reconsideration of compassionate appointment for the son. The ruling underscores that disciplinary actions cannot proceed without first establishing legal presumption of death, ensuring due process for dependents.

CAT Allahabad holds that presumption of civil death under Section 108 Evidence Act applies to missing railway employees, entitling widows to family pension and compassionate appointment despite prior removal orders.