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2018 Supreme(Raj) 2066

K.S. JHAVERI, VIJAY KUMAR VYAS
Riyaz Mohd. – Appellant
Versus
Central Administrative Tribunal – Respondent


Advocates Appeared:
Mr. Rajvir Sharma, Adv., for the Petitioner; Mr. P.C. Sharma, Adv., for the Respondents

JUDGMENT

1. By way of this petition, the petitioner has assailed the judgment and order of the Central Administrative Tribunal whereby tribunal has upheld the order of removal from service on the ground of unauthorized absence from duty.

2 . The facts of the case are that the applicant was initially appointed as Gangman on 4.4.1981 and thereafter in the year 1995 after passing the prescribed test, he was allowed higher scale of Rs.800-1150 and posted in Traffic Department as pp under Station Superintendent, Shyampura Station Kota. It is not disputed that the applicant was sanctioned leave for the period from 2.9.2000 to 5.9.2000. Thereafter the applicant did not report for duty. Accordingly, a major penalty chargesheet was issued vide memorandum dt. 17.11.2003 whereby charges against the petitioner was that while functioning on the post of PP under Station Superintendent, Shymapura, he remained unauthorisedly absent from duty w.e.f. 6.9.2000 onwards. The charge was proposed to be proved on the basis of list of documents and list of witnesses mentioned in Annex. IV. Copy of the chargesheet was sent by registered AD on the last known address of the petitioner. Since the petitioner did

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