GABAJI R/O MEHSANA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition, the petitioner an erstwhile employee of the Western Railway has challenged the legality of the judgment dated 12th May 2003 passed by the Central Administrative Tribunal, Ahmedabad in Original Application No.413/99.

(2.) SHORTLY stated, facts leading to this petition are that the petitioner was working as a Trolleyman in Railways. For alleged unauthorized absence, a chargesheet came to be issued against him on 21.6.90. In the said chargesheet, it was alleged that the petitioner had remained unauthorizedly absent from 23rd October, 1989 continuously till the issuance of the chargesheet. The petitioner filed no reply to the said chargesheet. He, however, contended that he had lost the chargesheet and that he may be supplied another copy thereof. During the proceedings of the inquiry also, the petitioner did not participate. Eventually, the authorities proceeded ex parte against the petitioner. Ultimately, the Disciplinary Authority passed order dated 1.11.1991 imposing penalty of removing the petitioner form service.

(3.) BEFORE the Tribunal, the petitioner had primarily contended that though he requested for a copy of the chargesheet, the same was never supplied to him and that subsequently also he was not properly served with the copy of the Inquiry Officer's report. In essence, therefore, the grievance of the petitioner was that the respondents had violated the principles of natural justice in conducting the inquiry.