UNION OF INDIA Vs. LALA PRASAD SINGH

JUDGEMENT

(1.) This writ petition by the Union of India in the NF Railway is directed against the order dated 30.09.2014 passed by the Central Administrative Tribunal, Guwahati Bench in Original Application No. 161/2013.

(2.) We have heard Mr. H.K. Das, learned counsel for the petitioners as well as Mr. D.C. Chakraborty, learned counsel representing the sole respondent.

(3.) Before the Tribunal, challenge was made to the order of removal from service dated 24.08.2006 as well as the appellate order dated 30.02013, whereby the order of removal was affirmed. Facts appearing are that the respondent was appointed as Grade-IV employee in the NF Railways, Lumding Division on 27.09.1978. On and from September 1982, he worked in the promoted post of Pointsman-A. On 15.09.2003 while he was on duty, he met with an accident at Lumding Sub Yard by falling into a drain, causing serious injuries to his head and legs. He received treatment at the Railway Hospital, Lumding and thereafter he was taken to Ranchi by the family members for medical treatment as he appeared to be suffering from acute mental illness and other psychiatric problems, as a fall-out of the accident suffered on 15.09.200 For the period from 25.10.2003 to 17.02.2012 he remained absent from duty on ground that he was undergoing medical treatment at Ranchi. On being declared fit, he reported for duty at Lumding in February, 2012 but was not allowed to resume work as by that time he had already been removed from service. What had transpired during the period he was absent and undergoing medical treatment at Ranchi is that a Charge Memo was issued on 101.2005 under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968 for violation of Rule 1 (ii) and 1 (iii) of the Railway Service (Conduct) Rules, 1966. The said violations are in respect of not maintaining devotion to duty and unbecoming of a Government servant. He was made to submit his written statement of defence. Copy of the said Charge Memo was dispatched on 28.01.2005 through Registered Post, Acknowledgement Due and thereafter again on 26.05.2005. On both occasions, no acknowledgment of receipt of copy of the Charge Memo nor any reply to the Memorandum of Charge was received. An Enquiry Officer was appointed on 16.11.2005 and enquiry proceedings took place on 10.02006, 31.02006 and 08.05.2006. On all the above dates, neither the charged official nor his representative had attended the proceedings. Enquiry Report was submitted and the charge against the respondent was found proved. On going through the report of the Enquiry Officer, the Disciplinary Authority imposed punishment of removal from service by order dated 24.08.2006 and the same was circulated vide officer order dated 10.01.2007. On his return from Ranchi, he made an application to the Additional Divisional Railway Manager, NF Railway, Lumding Division on 15.02012 for review of the order dated 24.08.2006, followed by another representation dated 14.09.2012. As nothing was forthcoming, the respondent filed the first Original Application No. 379/2012, which was disposed of on 08.01.2013, with direction that the representations/appeals dated 15.02012 and 14.09.2012 be adjudicated upon by the Additional Divisional Railway Manager, NF Railway, Lumding Division after providing opportunity of hearing to the respondent and thereafter to communicate the decision taken. Pursuant thereto, a speaking order was passed by the Appellate Authority on 30.02013 finding that the punishment imposed by the Disciplinary Authority was commensurate with the gravity of offence. Accordingly, the punishment imposed was affirmed. Aggrieved, the respondent instituted the related Original Application No. 161/201 The petitioners herein had also filed written statement in the said proceedings.