- (1.) North Central Railway and its officers are the petitioners in this writ application challenging the order of the Central Administrative Tribunal, Allahabad Bench Allahabad, dated 02.02.2012 passed in Original Application No. 1098 of 2006.
(2.) Brief history of the case as narrated by the respondent in the Original Application is that while the said respondent was working as Assistant Electrical Driver under the Senior Crew Controller, North Central Railways, Tundla, proceeded on casual leave in order to go to his native place to meet his family. The casual leave had been sanctioned. While on leave at his native place, he suffered from peptic ulcer and had to undergo medical treatment of a private registered medical practitioner from 15.03.2004 to 19.04.2004, intimation whereof was given by the respondent to the Controlling Supervisor on 15.03.2004. He was declared fit by the private medical practitioner on 19.04.2004 and was discharged from the hospital. However, he was advised rest. Therefore, the respondent went to his native village and again suffered from jaundice with enteric fever and remained under the treatment of Government Medical Officer, Samudayic Swasthya Kendra, Khandwa, Chandwika in the district of Pratapgarh from 03.10.2004 to 27.02.2005 when he was declared fit. The respondent sent the sick-certificate and requested to extend his leave on medical ground under certificate of posting. After he became fit, he reported for duty on 22.03.2005. On 01.04.2005 he was referred to the railway doctor to obtain fitness certificate. The Railway Medical Doctor did not ask any question with regard to his sickness and gave the fitness certificate on 06.04.2005 and accordingly he was allowed to resume duty from 07.04.2005. Treating the above period of absence as unauthorised, a major penalty charge sheet was issued against him. The respondent gave his reply to the charge sheet on 22.03.2005 indicating the details of his sickness. It is alleged by the respondent that without affording any reasonable opportunity, the Enquiry Officer completed the enquiry and submitted the report on the basis of which the impugned order of punishment of removal from service was awarded by the Divisional Electrical Engineer (Operation).
(3.) Challenging the said order of penalty, the respondent preferred an appeal on 21.09.2005 but the appeal was also dismissed. He then filed Special Appeal on 02.08.2006 before the General Manager, North Central Railway but the same was not disposed of and after waiting for some time, the respondent filed the Original Application before the Tribunal challenging the charge sheet, the enquiry report, the order of punishment as well as the order of the Appellate Authority.;