UNION OF INDIA Vs. ASHOK KUMAR DUBEY

JUDGEMENT

(1.) The Petitioners, Union of India and Department of Central Railway, being aggrieved by order dated 14.8.2003 passed by the Central Administrative Tribunal, Jabalpur in Original Application No. 276/1999 Ashok Dubey v. Union of India and Two Ors. have come to this Court under Article 227 of the Constitution of India with a submission that the authority was not entitled to interfere on the question of punishment especially when it is proved on the record that the Respondent/employee was unauthorizedly absent for the period between 12.5.1996 and 2.1.1997 and even remained absent after service of the charge-sheet in relation to the unauthorized absence.

(2.) Short facts necessary for disposal of the present petition are that the charge-sheet as contained in Annexure P/1 was issued upon the Respondent/employee calling upon him to show cause against the charge that he was unauthorizedly absent with effect from 12.5.1996 upto the date of issue of the notice i.e. 2.1.1997. The Respondent/employee despite service of the notice did not attend the proceedings, therefore, Inquiry Officer, namely, Station Manager, Itarsi proceeded ex-parte and alongwith his covering letter dated 20.7.1998 submitted the inquiry report. It was submitted by the Inquiry Officer that various notices were issued and number of dates were fixed for appearance of the Respondent/employee but he remained absent. It would be necessary to note even at this stage that the inquiry report submitted by the Station Manager, Itarsi has not been filed before us.

(3.) After receiving the inquiry report, the Divisional Operations Manager, Central Railway, Bhopal issued an order on 23.10.1998 which reads as under: