B.S.CHAUHAN, J. - (1.) THIS writ petition has been filed for setting aside the judgment and order dated 27/11/2003 (Annex -1) by which the original application of the petitioner has been dismissed by the Central Administrative Tribunal, Allahabad and order dated 23.8.2004 (Annex -2) by which the review application of the petitioner has been dismissed.
(2.) FACTS and circumstances giving rise to this case are that petitioner was appointed as a Gang Man under the Northern Railways Meja Road, Allahabad on 9.2.1981. Petitioner fell ill on 17.4.1988 and remained absent from duty. Respondent employer made its best efforts to hold the enquiry after serving the charge sheet, but the same could not be served as whereabouts of the petitioner were not known even to his family members. Their efforts to serve the charge sheet by special messengers and Registered Post failed. Thus, in view of the provisions of Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (in short Rules), enquiry was dispensed with and petitioner was removed from service vide order dated 11.5.1992. After being surfaced, after eight years, petitioner preferred an appeal which was dismissed vide order dated 19.6.1996 on the ground of delay as well as on merit. Being aggrieved, petitioner filed Original Application No. 1163 of the 1997 before the Tribunal which was also dismissed vide impugned judgment and order dated 27.11.2003. Review application thereof has also been dismissed vide order dated 2.9.2004. Hence, this peiition. Shri Sudama Ram, learned Counsel for the petitioner submitted that the services of the petitioner had been terminated without holding the enquiry and once the domestic enquiry had been initiated against the petitioner even if the charge sheet could not be served upon him; it could have been completed ex -parte. Appeal preferred by the petitioner ought to have been allowed. Learned Tribunal failed to appreciate the facts in correct perspective and therefore the petition deserves to be allowed.
(3.) ADMITTEDLY , the petitioner remained absent from duty from 17.4.1988 to 17.6.1996 i.e. for a period of more than eight years and his whereabouts were not known even to his family members.;