AJOY NATH RAY,C.J.ASHOK BHUSHAN - (1.) The appeal is summarily disposed of. THIS appeal has been preferred by the Railway authorities against the judgment and order of the Hon 'ble Single Judge dated 18th July, 2005 whereby the respondent 's writ petition was allowed. The complaint was made against the authorities by the writ petitioner which was in respect of an order of compulsory retirement passed against the petitioner by way of punishment. The impugned orders are dated 6th October, 1994, 31st July, 1995 and 22nd July, 1995.
(2.) BEFORE we go into findings arrived at by the Hon 'ble Single Judge, exact facts of the case should be recounted.
(3.) THE writ petitioner was on sick list from 19th August, 1992 to 4th January, 1993 when he was being treated at the Railway hospital at his place of service as an outdoor patient. This means that he was not staying in the hospital but visiting the hospital. On 5th January, 1993 on the writ petitioner 's own request as has been told to us by Mr. Saxena appearing for the writ petitioner, he was put out of the sick list although the hospital did not issue a fitness certificate on the same date. What happened was that the writ petitioner decided on his own that he was not getting well for a long time and therefore, he should have alternative treatment. He did not involve his superior authorities in his decision. He simply took the decision one day i.e. 5th of January, 1993 and came out of his quarters and went back home. According to him he was being treated by one Dr. A.K. Mehta at Ballia from 6th January, 1993 upto 20th August, 1994. Then his case is that he was referred by Dr. A.K. Mehta to Dr. D. Rai of District Hospital, Ballia where he was under treatment from 20th August, 1994 to 30th October, 1994.;