SUDHIR AGARWAL,J. - (1.) Heard Sri A.K. Gaur, learned counsel for petitioners and Sri Anand Kumar, learned counsel for respondent.
(2.) This writ petition is directed against judgment and order dated 15.05.2014 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") in Original Application (hereinafter referred to as "O.A.") No. 472 of 2005 allowing O.A. and setting aside order of removal from service passed by Assistant Signal and Telecom Engineer, N. Rly Allahabad vide order dated 08.03.1996 and wits consequential orders dated 19.04.2004 and 16.03.2005. Petitioners were directed to give all consequential benefits to respondent who is widow of employee concerned, who died during pendency of O.A. and was substituted by present respondent.
(3.) On the allegation of unauthorized absence from 03.05.1993 to 15.04.1994, a charge sheet was served upon Ram Jiyawan (now deceased) alleging that absence was unauthorized, willful and illegal, therefore, it constituted misconduct. He submitted reply stating that absence during period 03.05.1993 to 15.04.1994 is not disputed but it was not unauthorized and willful but for valid reasons, inasmuch as his wife was seriously ill and for her treatment he was absent for which he had already submitted medical certificates along with written statement. The explanation given by Ram Jiyawan reads as under:- "It is requested that the applicant's statement which has been recorded on6.5.95, is clear because the applicant merely admits that the charge in the charge-sheet imposed upon him that he was absent from the duty w.e.f. 3.5.93 to 18.3.94. But further the applicant wants to make it clear that he has been absent due to his and his wife's illness, as the applicant has given in his written statement dated 5.5.94 along with sick-fit certificate. Therefore, the charge of being absent from the duty unauthorizedly is admitted. Therefore, it is requested to give opportunity for his statement on next hearing." (English Translation by Court);