Sanjay Misra, J. - (1.) By this writ petition under Article 226 of the Constitution of India the petitioner seeks quashing of the judgment and order dated 5.7.2002 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in O.A. No. 1076 of 1996, the order dated 22.6.1996 passed by the Senior Divisional Mechanical Engineer, Northern Railway, Allahabad, dismissing the appeal of the petitioner and the order dated 22.4.1994 passed by the Divisional Railway Manager, Northern Railway, Allahabad whereby the petitioners services have been terminated.
(2.) The petitioners case is that he was employed in class IV category and was promoted in class III category as Fitter in the Northern Railway. The charge sheet dated 31.3.1993 was served upon the petitioner for the misconduct of being unauthorisedly absent since 5.10.1988 without any sanctioned leave. A further charge sheet was that he had made direct correspondence with the Honble Railway Minister and that he refused to obey the direction when he was asked to join his service. An enquiry was conducted and the charges against the petitioner were found to have been proved. The petitioner states that the enquiry was conducted behind his back. The disciplinary authority has passed the impugned order of punishment without serving copy of enquiry report. The petitioner contends that his absence from duty from 5.10.1988 upto 31.3.1993 was due to his illness and illness of his wife. It is his case that he had filed medical certificate but the Inquiry Officer has not taken into consideration the said certificate.
(3.) The respondents have denied the averments made by the petitioner and have stated that the principles of natural justice were strictly followed during the enquiry and the disciplinary authority has agreed with the findings of the inquiry officer while considering the reply of the petitioner and passing the order imposing the punishment.;