UNION OF INDIA Vs. A.W.UMREDKAR

JUDGEMENT

(1.) Heard learned Counsel for petitioners. Yesterday, matter was listed, but, as the respondent and his learned Counsel were absent, it is kept today. Heard further submission of learned Counsel for petitioner. Respondent is absent.

(2.) The petitioner-Union of India by invoking inherent jurisdiction of this Court under Article 227 of the Constitution of India has challenged the judgment and order dated 27.04.2006 passed by the Central Administrative Tribunal (CAT) in Original Application No. 2136 of 2002. The respondent was appointed on ad-hoc basis as Assistant Medical Officer in the year 1970. Initially, he was transferred to Nagbhid in the year 1973, but again he was brought back to Nagpur within two years. Meanwhile, the post of Assistant Medical officer which is Class-I post was upgraded as ADMO (Class-I) with effect from 01.01.1973.

(3.) Vide order dated 28.07.1978, the respondent was transferred at Dongargarh. However he did not join the post. Initially, he has furnished medical certificate. Later on, despite repeated calls, he never joined the duty. In consequence, the Department had issued a charge-sheet for major penalty on the charge of unauthorized absence. The Enquiry Officer has conducted the enquiry and proposed the punishment of removal from service. The Railway Board took the decision and issued fresh charge-sheet for major penalty. In pursuance to that the enquiry was conducted by which major penalty was proposed. Railway Board vide order dated 23.09.1999 passed the penalty order of reduction of pay by three stages for a period of three years with cumulative effect. The entire period of absence from 01.03.1979 to 31.05.1994 was treated as extraordinary leave.