- (1.) This petition challenges order of the Central Administrative (CAT) dated 30.7.2004, Annexure P.19, partly allowing application of respondent Nos. 1 and 2, converting punishment of removal into that of compulsory retirement.
(2.) Case of respondents - original applicants was that respondent No. 2 had joined as a Gangman in the Railways on 12.5.1979. He was posted at Shimla and on 31.8.1996, he was transferred to Ambala at his own request. After joining at Ambala, he absented from duty after 21.7.1997. He was given a charge sheet for unauthorised absence and after holding that the charge was proved, he was ordered to be removed from service vide order dated 27.6.2000. The said order was affirmed in appeal.
(3.) Respondent No. 1 is wife of respondent No. 2 and according to her, respondent No. 2 left the house on 17.12.1999 in an unsound mental health. She lodged FIR dated 20.12.1999 and thus, he could not join the enquiry proceedings. It was also submitted that punishment of removal was disproportionate to the charge in these circumstances. The employee had already rendered service of 18 years. 3. The CAT held that from the record, Annexures A/8 to A/10 before it, it was clear that the employee was not in sound mental health and in such circumstances, having regard to 18 years of service already rendered, the family of the employee ought not to be deprived of the retirement benefits. Accordingly, instead of punishment of removal from service, punishment of compulsory retirement was directed to be imposed.;