SULABEE SARDAR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.V. Shridhar, learned counsel for the petitioners. Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for the respondents.

(2.) The petitioners are the legal heirs of deceased employee- Late Id Mohammad Khan, who was working as Porter/SEY under the Railways and posted at Bilaspur, Chhattisgarh. He was served with a charge-sheet dtd. 6/1/2014 issued by the DOM/CIC/BSP (Disciplinary Authority) with an allegation that he was remained unauthorisedly absent from duty from 11/12/2012 to 26/12/2013 and onwards, as such, a notice was issued to him that due to afore-stated unauthorised absent, he failed to maintain devotion in duty and acted in the manner of unbecoming of a railway employee by contravening the Rule 3.1 (ii) and (iii) of the Railway Services (Conduct) Rules, 1966 (for short, "RS (Conduct) Rules") and thereby rendered himself liable for disciplinary action under Railway Services (Discipline and Appeal) Rules, 1968 (for short, "RS (D and A) Rules").

(3.) The respondent authorities initiated a departmental enquiry and after completion of the same, findings have been given stating that "After carefully gone through all these evidence orally and documentary evidences, I am of the opinion that Sri ID MOHAMMAD posted as PORTER at SIVNI remained unauthorised absent from duty for the period from 11/12/12 to 26/12/13 and onwards is PROVED EX-PARTE".