VADILAL V BRAHMBHATT Vs. UNION OF INDIA
LAWS(GJH)-1983-11-9
HIGH COURT OF GUJARAT
Decided on November 17,1983

Vadilal V Brahmbhatt Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S.A.SHAH - (1.) The petitioner is challenging the order of his removal from service dated 4-3-1975 passed by the Divisional Mechanical Engineer (E) Western Railway Rajkot produced at Annexure-F and the appellate order dated 4-10-1975 at Annexure-I and review order dated 3-8-1976 at Annexure-K on the ground that the authorities have not applied their mind and have relied upon extraneous material in arriving at the decision which has resulted into failure of justice and several other grounds.
(2.) The petitioner was recruited in Class IV cadre in April 1952 and was promoted as Storeman after passing necessary examination which post is now designated as Non-Matric Clerk in the pay-scale of Rs. 105-135. The petitioner was also confirmed in. the clerical cadre in the above pay-scale and was further promoted to officiate as Store Clerk in the revised pay-scale of Rs. 260-400. According to the petitioner he was in sick leave from 10-11-1965 initially he was suffering from chronic bronchitis and thereafter he suffered from pulmonary T.B. and hemposis.
(3.) The petitioner was served with a charge-sheet dated 28-11-1970 for unauthorised absence-failed to observe medical rules and continued to remain absent without proper permission of authority even after issue of fit certificate by AMO KKF on 4-12-1969. The article of charge is produced at Annexure-A. By an order dated 4-9-1972 the departmental action initiated against the petitioner was dropped. The said order is produced at Annexure-B.;


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