NITHEESH K. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present OP(CAT) is directed against the order dtd. 19/12/2022 in OA No.591 of 2021 filed by the petitioner-applicant challenging the order dtd. 21/1/2021 whereby petitionerapplicant was imposed a punishment of compulsory retirement from railway services on the allegation of unauthorized absence from duty for a period of 148.5 days from 19/3/2020 to 14/8/2020 excluding the quarantine period.

(2.) Succinctly, the facts in brief for adjudication of the lis are as under: The applicant-petitioner was employed in Central Workshop, Thiruchirapally, Tamilnadu under the Railways as Technician -III. The leave was granted for a period of three days from 16/3/2020 to 18/3/2020 (both days inclusive) on medical emergency and accordingly, he proceeded to his native place at a village in Nilambur in Kerala. On the ground of illness, another extension of leave from 19/3/2020 to 21/3/2020 was sought, which was granted.

(3.) On 22/3/2020, there was a general curfew declared, to contain the Coivd-19 pandemic, followed by national lockdown which continued up to 2/6/2020. Entire activity in the country came to a grinding halt. Later on, on 31/7/2020, hired a taxi and after obtaining a travel pass proceeded to Thiruchirapally, Tamilnadu and reported for duty and as per the medical record was ordered to undergo quarantine, firstly for 7 days and later, another 7 days ie., total 14 days from 31/7/2020 to 14/8/2020 afternoon.