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2022 Supreme(Raj) 795

SANDEEP MEHTA, KULDEEP MATHUR
Om Prakash S/o Shri Natha Ram – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jai Kumar Kaushik
For the Respondent: Mr. Mukesh Rajpurohit, Mr. Uttam Singh

JUDGMENT :

1. By way of filing the present writ petition, the petitioner has assailed the order dated 22.10.2018, passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur whereby the original application filed by the petitioner seeking a direction upon respondent to allow him compassionate allowance in terms of Rule 65 of the Railway Services (Pension), Rules, 1993 was dismissed.

2. Briefly stated facts of the case are that the petitioner was initially engaged as casual labourer on 05.06.1978 and was granted temporarily status by the respondent-Railways on 01.04.1981. The petitioner was absorbed in regular establishment against Group 'D' post of Khalasi w.e.f. 30.07.1991, while posted as Box Boy at Rewari in Loco Shed, NWR owing to the illness of his wife, he remained absent from duty w.e.f. 11.04.2001. A charge-sheet SF-5 vide memo dated 28.01.2001 was served upon petitioner for remaining absent unauthorizedly from duty. On account of illness of wife and other compelling circumstances, the petitioner could not participate in the enquiry proceedings, which were held ex parte and finally a penalty of removal from service was imposed upon the petitioner, vide order dated 1

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