MOTILAL L. SHARMA Vs. CHIEF SIGNAL & TELECOMMUNICATION ENGINEER

JUDGEMENT

(1.) THE applicant, a Railway employee, has challenged two orders dated 23.03.2007 and 15.03.2007 whereby the request of the applicant for voluntary retirement was rejected. The applicant has prayed for the following reliefs:

(2.) THE applicant's contention in this O.A. is that the rejection of his application for voluntary retirement was illegal and arbitrary. The applicant further alleged that the action of the authorities in issuing the charge sheet was mala fide. The applicant stated that he did not receive the copy of the charge sheet but he received the copy of the Inquiry Report. The applicant further mentioned in this O.A. that he challenged the impugned action of the authorities in rejecting his application for voluntary retirement by preferring an appeal dated 26.12.2007 before the higher authority. The charge memorandum was issued on the charge of unauthorized absence from duty from 09.04.2007 onwards.

(3.) THE applicant filed an application for condonation of delay of about two years, 9 months and 13 days in filing the present O.A. In the application for condonation of delay, the applicant submitted that the applicant filed the appeal on 26.12.2007. The appeal was not decided for a considerable period. The applicant issued legal notice dated 24.03.2009. The respondents replied vide letter dated 25.05.2009. The applicant was informed that his appeal had been rejected. After disposal of the said appeal, the applicant collected all papers and approached his lawyer, who advised the applicant to approach the Tribunal within seven months. The applicant further submitted that irreparable loss and grave prejudice would be caused to him if the delay in filing the present O.A. was not condoned. The applicant further submitted in the application for condonation of delay that the applicant left the service because of his ailing mother. The mother of the applicant had developed blockage in her heart and had to be treated on urgent basis. The treatment was still continuing.