JUDGMENT AND ORDER :

1. Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioner. Also heard Mr. D.K. Dey, learned counsel for the respondent railway authorities.

2. The petitioner, who was appointed as an Assistant Medical Officer (Adhoc) in the Maligaon Central Hospital on 28.04.1984 was subsequently appointed to the Group A post of Assistant Divisional Medical Officer on 01.02.1985. Thereafter, he was promoted to the post of Divisional Medical Officer in the year 1991 and subsequently promoted to the Junior Administrative Grade of Senior Divisional Medical Officer in the year 1995.

3. In the year 1995, the petitioner was investigated by the CBI on an allegation of accepting consultation fee from private patients and using his official residence as a Nursing Home. The CBI concluded its investigation by requiring the respondent authorities to proceed against the petitioner in a departmental proceeding. The departmental proceeding so initiated culminated in the order dated 21.06.2000 by which the penalty of compulsory retirement was imposed on the petitioner.

4. Being aggrieved by the order of compulsory retirement, the petitioner preferred OA No. 377/2000 before the Central Administrative Tribunal (for short, CAT) Guwahati. By the order dated 27.02.2002, the learned CAT had set aside and quashed the order of compulsory retirement. The respondent authorities preferred WP (C) No. 6178/2002 before this Court against the order of the learned CAT dated 27.02.2002. During the pendency of the departmental proceeding, which culminated in the order of compulsory retirement, another proceeding was initiated against the petitioner as per the memorandum of charges dated 26.06.1999, on the allegation that the petitioner had remained unauthorizedly absent from 20.09.1996 and that he did not comply with an order of transfer. Further allegations were also raised that by the communication dated 13.09.1996, the petitioner was required to appear before a Medical Board on 18.09.1996, which was again deferred to 20.09.1996. But inspite of such opportunities being given, the petitioner did not appear before the Medical Board.

5. The petitioner submitted his written statement against the memorandum of charges dated 26.06.1999, primarily taking a stand that he was suffering from certain illness, although the details of the illness had not been stated in the written statement. But nevertheless, the petitioner took a stand that on 09.02.1996, he was undergoing treatment in the Railway Hospital at Lumding and, therefore, the order of transfer dated 12.02.1996 could not be carried out. A further stand was taken that on 01.03.1996, he was referred to the Central Hospital at Maligaon and on 06.05.1996, the Central Hospital had referred him for further treatment in the Gauhati Medical College and Hospital, Guwahati. The Department of Neurology of the Gauhati Medical College and Hospital had advised 3(three) months rest to the petitioner w.e.f. 20.08.1996 and as the Medical Board was set up within the said period of 3(three) months, therefore, the petitioner had informed the authorities that it was not possible for him to appear before the Medical Board.

6. As the subsequent departmental proceeding initiated against the petitioner was not finalized, the petitioner preferred OA No. 113/2004 before the Central Administrative Tribunal, Guwahati. The said original application was disposed of by the order dated 16.06.2004 by directing the respondent authorities to complete the disciplinary proceeding within a period of 2(two) months. Against the order dated 16.06.2004 in OA No. 113/2004, the respondent Railway authorities preferred a writ petition being WP (C) No. 9131/2004 before this Court.

7. The earlier writ petition being WP (C) No. 6178/2002 of the respondent authorities against the order dated 27.02.2002 of the learned CAT interfering with the order of compulsory retirement and the later writ petition being WP (C) No. 9131/2004 of the respondent Railw

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