NAVANITI PRASAD SINGH, JJ.

Petitioner, who was the Head Clerk in the North Frontier Railway at Katihar in the State of Bihar, has filed this writ petition being aggrieved by the order of removal from service as passed by the Divisional Mechanical Engineer (Power), Katihar dated 23.03.2006 which was not interfered with in appeal or mercy appeal or by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the “Tribunal”).

2. The petitioner was charged with being unauthorizedly absent from 14.08.2004 to 09.09.2004 i.e. 27 days and that is the solitary charge against him. He was asked to show cause in the disciplinary proceedings so initiated and the disciplinary enquiry was conducted. Before the disciplinary authority, the petitioner submitted that as he was suffering from acute sinus infection, he had informed his colleague and consulted a private specialized doctor for specialized treatment after which he returned and he was allowed to join where-after these proceedings were initiated. The Inquiry Officer submitted his report dated 08.01.2006 merely holding that being Head Clerk, he should have informed his controlling authority directly or in w