RAJNISH KUMAR PREM Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ petition is to the order dated 22nd May, 2014 passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the 'Tribunal') by which O.A. No. 12 of 2013 filed by the petitioner has been dismissed.

(3.) The petitioner, who is an employee of the Railways, remained in unauthorized absence from duty from 12.04.2004 to 27.09.2004, for which, after serving major penalty charge memo, he was removed from service ; but subsequently, after considering his mercy appeal, the punishment was modified to reduction in the lower post of Junior Clerk and he was reinstated in service on 28.09.2006, treating the intervening period as dies non. He again left Adra, where he was posted, without any information or leave application, for which he was asked by letter dated 03.04.2008 to resume the duty within 15 days, failing which it was indicated that action would be taken under the Railway Servants (D & A) Rules, 1968. The petitioner having failed to comply with such direction, a disciplinary proceeding was initiated against him and major penalty charge memo dated 28.06.2008 was issued. The charge having been proved, he was punished with removal from Railway service by order dated 03.03.2010. In appeal, the punishment was modified to compulsory retirement with full compensation, pension and gratuity. Such order was challenged by the petitioner in O.A. No. 413 of 2011 and the Tribunal by order dated 08.08.2012 quashed the order of the Appellate Authority and directed for fresh consideration. Pursuant to the same, the Appellate Authority, after hearing the petitioner, passed order dated 19.10.2012, maintaining the punishment of compulsory retirement, which was impugned in O.A. No. 12 of 2013 and the order dated 22nd May, 2014 of the Tribunal in O.A. No. 12 of 2013 is the subject matter of challenge in the present writ application.