- (1.) By way of this petition, the petitioner has assailed the judgment and order of the Central Administrative Tribunal whereby tribunal has dismissed the OA preferred by the petitioner.
(2.) The facts of the case are that the petitioner joined the Railway Service as a Khalasi on 16.11.1988. However, on 11.7.2003, he was suspended alleging unauthorized leave from his duties without information and on the ground that he did not submit any medical certificate or application regarding his willful absence from 18.6.2002 to 9.7.2002. The petitioner preferred an appeal before the appellate authority on 27.08.2003, which was dismissed vide order dated 22.10.2003. He also preferred a revision petition on 17.12.2003, which was also dismissed by the revisional authority vide order dated 7.1.2004. He also submitted a mercy appeal before the Chief Manager Workshop, Kota, on 9.2.2004, but the same was not considered for the reason that the same should have been preferred before the president of India.
(3.) Counsel for the petitioner contended that respondents have not followed Annexure-6, the circular issued by the respondents wherein conditions No. 1 to 7 reads as under:- 1. When an employee is remaining on unauthorised absence for more than 7 days without any intimation, a letter is to be issued to the employee by the controlling officer by Reg. A.D. to his/her last known address directing him/her to report immediately with warning that absenting from duty DAR action will be intiated. 2. Inspite of the above, if the employee is resuming within fortnight, second reminder by the controlling officer by Reg. A.D. should be issued stating that is he/she is filling to resume duties, DAR action will be initiate. This will ensure natural justice. 3. Even after this, if the employee is comming for duties, minor penalty charges may be issued. 4. By giving reasonable apportunity, the charge-sheet should be finalised the stipulated time. 5. Even minor penalty DAR action, if the employee is remaining absent for more than 3 months is initiated above, 23 letters should be issued to the employee by Reg. A.D. by the controlling officers. 6. If the employee is turning up for duties issuing of major penalty charge-sheet may be thought of. 7. In no case the employee should be allowed to remain absent indefinitely. The major penalty charge-sheet so issued should also finalised within the stipulated time limit.;