(1.) This Writ Petition has been filed challenging the impugned Order in OA/310/01778/2016 & MAS. 36/2017, 385/2017 & 386/2017 passed by the Third Respondent/Central Administrative Tribunal, Chennai Bench, quash the same and consequently to direct the Respondents to reinstate the Petitioner with all monetary benefits and other benefits.
(2.) The case of the Petitioner is that he was selected as a Driver through Employment Exchange on 28/9/2011 and posted as CMD, MT Sec. , Officers Training Academy, St. Thomas Mount, Chennai, the Second Respondent herein. The Petitioner was sanctioned 17 days of Earned Leave by the Competent Authority with effect from 2/6/2015 to 18/6/2015. According to the Petitioner, while he was on leave, he slipped down from bathroom and sustained severe back pain at his lower back. The Petitioner took treatment at Government Peripheral Hospital, K.K. Nagar, Chennai. One Doctor, namely, P.R. Dhansekaran, M.S. Orth., D.Orth. Civil Assistant Surgeon, Government Peripheral Hospital, K.K. Nagar, Chennai, advised him to take bed rest for 43 days from 19/6/2015 to 31/7/2015 and he could not walk properly due to the severity of the pain and therefore, the Doctor advised him further to take leave, he continued bed rest for another 56 days from 1/8/2015 to 25/9/2015 as he was advised physiotherapy treatment. In the meanwhile, the Second Respondent has issued a Show Cause Notice vide his Letter No.4603/Disc/9607368/SH/04/Adm, dtd. 13/8/2015 directing him to Report to duty within ten days. However, the Petitioner did not give any reply to the Show Cause Notice, but the Petitioner returned to his office on 26/9/2015.
(3.) On 23/9/2015, the Petitioner was served with Memorandum of Charges with a direction to submit a Written Statement of defence. The relevant portion of the Memorandum of Charges is as follows: