MIR BASIR AHMED Vs. UOI

JUDGEMENT

(1.) The Judgment of the Court was as follows :

(2.) The petitioner was working for gain in the post of "Constable" in the Railway Protection Force, Eastern Railway. He was posted at the Railway Protection Force, Howrah Good Shed, under Howrah Division-I. He was admitted in the Railway Hospital, Howrah on May 27, 2002 for his treatment. The Divisional Medical Officer, Eastern Railway issued interim sick certificate in connection with his treatment in the above Hospital. The Senior Security Commissioner, Railway Protection Force, Howrah Division-I issued a memo No. G/37 dated Aug. 8, 2003 for medical examination of the petitioner by the Board after his recovery. Pursuant thereto, the Divisional Medical Officer, Eastern Railway, Howrah submitted a medical report dated Feb. 1, 2005 (Annexure p/3 at page 69 of this writ application) with regard to examining his physical fitness.

(3.) In the meantime, a charge-sheet dated June 30, 2003 was issued for initiation of disciplinary proceeding against the petitioner on the ground of alleged unauthorized absence from duty with effect from May 27,2003. The above charge-sheet was not served upon the petitioner. No notice was served upon him. The enquiry officer conducted a purported exparte enquiry in the above matter and submitted his report dated April 16, 2004 to the disciplinary authority recommending the major punishment. The disciplinary authority passed an order of compulsory retirement from services against the petitioner on Dec. 22, 2004. The petitioner preferred a statutory appeal dated May 3, 2005 before the appellate authority against the above punishment. The appellate authority passed an order dated Feb. 24, 2006 rejecting the above appeal.