HARILAL, J.

1. Railway establishment has invoked Article 227 of the Constitution of India challenging the decision of the Central Administrative Tribunal, Ernakulam Bench (for short, 'the Tribunal'), on O.A.No.124 of 2013.

2. The proceedings from which this matter arises was filed by the wife of K.Thankamani, a deceased railway servant. She challenged the order removing her husband from the service on the ground of unauthorised absence. She pleaded that the said order was passed without affording to him, an opportunity of being heard. Her husband was working as Senior Trackman in the Engineering Department of Railway in the Palakkad Division. He became HIV infected and could not be present at the office from 24/6/2006 onwards on account of that. That part, thereafter, due to societal, social, moral and personal stigma, he had been staying away from his residence due to withdrawal psychosis; going by his wife's contentions. His wife was under the bona fide impression that he was attending the office, away from the house and he was staying away due to his difficulty to face relatives and neighbours and the fear of infecting the family members with that dreaded illness. He was b