UNION OF INDIA Vs. DEBASHISH PAL

JUDGEMENT

(1.) Challenging the order dated 21.03.2012, passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad in O.A.No.466 of 2010 the present Writ Petition is filed.

(2.) The facts in brief are that the first respondent herein while working as Loco Pilot (Goods) Grade-I at Vijayawada Railway Station, South Central Railway, committed misconduct by absenting himself unauthorizedly from duty for 84 days from 23.02.2005 to 17.05.2005 without prior sanction of leave and not observing the Railway Medical Attendance Rules. Because of his unauthorized absence, the respondent herein was issued a charge sheet dated 16.08.2005. The respondent was supplied with all the relevant material on his application and he had also sought for an opportunity of personal hearing before the authorities. However, the said case could not go on further as the respondent was involved in another case, which culminated in imposing a major penalty of removal from service with effect from 10.01.2007. However, on appeal made by him, the penalty of removal from service was reduced to that of reduction of pay in time scale. The respondent reported to duty on 26.05.2007 and at that point of time the present case was reopened. Pursuant to the charges levelled against him, the respondent herein had submitted his explanation on 22.09.2007. Not being satisfied with the explanation, by order dated 27.09.2007, an enquiry officer was appointed to enquire into the allegations made against him. The enquiry officer after giving ample opportunity to the respondent and after giving reasons submitted his report on 17.07.2008, a copy of which was served on the respondent on 25.10.2008. Thereafter, the disciplinary authority directed the respondent herein to give his explanation within 15 days from the date of receipt of the enquiry report. The respondent herein had submitted his detailed explanation on 13.11.2008. The disciplinary authority by its order in proceedings No.B/E.150/TRSO/II/5/DAR/V/30 dated 01.05.2009 found that the charges are proved and as such imposed a penalty of removal from service with immediate effect. It is further observed in the said order which is as follows:

(3.) Aggrieved by the said order passed by the disciplinary authority, the respondent herein filed an appeal before the Additional Divisional Manager, Railways. The appellate authority confirmed the order passed by the disciplinary authority. Being aggrieved by the said order, the respondent herein filed O.A.No.466 of 2010 before the Tribunal and the Tribunal below by its order dated 21.03.2012 found that there is evidence in support of the charge levelled against the charged employee i.e. the respondent herein. However, the Tribunal disposed of the O.A. directing the disciplinary authority to impose upon the applicant a penalty less severe than removal from service. It is further mentioned in the said order that the order in that regard should be passed within a period of 45 days from the date of receipt of a copy of the said order passed by the Tribunal. Challenging the said order passed by the Tribunal, the present Writ Petition is filed.