Rakesh Tiwari and Yogesh Chandra Gupta, JJ.

Heard learned counsel for the petitioner and learned standing counsel.

2. This Writ Petition has been filed by the petitioner challenging the validity and correctness of the inquiry report dated 6.6.1997 and consequential removal order dated 14.8.1997 passed by the Assistant Engineer, Central Railway Agra, Cant. Agra as well as appellate order dated 12.10.1998 passed by the Senior Divisional Engineer, Central Railway, Jhansi which have been appended as Annexure-9, 10, 11 and 13 to this writ petition.

3. The petitioner has also prayed for a writ of certiorari quashing the fitness certificate dated 28.02.1995 issued by divisional medical Officer, Central Railway Hospital Agra appended as Annexure-8 to the writ petition and for issuance of writ of mandamus commanding the respondents to reinstate him with entire service benefits. The aforesaid prayers have been made in the back drop that the Central Administration Tribunal Allahabad vide its impugned judgment and order dated 25.2.1999 ( Prem Singh v. Union of India and others) has rejected the prayer made by the petitioner in the O.A. 1192 of 1999 where he had sought the following reliefs:

"( i) It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the impugned order dated 12.10.1998 and the removal order dated 14.08.1997 passed by the respondent No. 2 and respectively ( Annexure No. A-II to this O.A.

( ii) It is also prayed that this Hon'ble Court may be pleased to direct the respondents to reinstate the applicant with entire service benefits and or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

4. The case of the petitioner before the tribunal was that while packing the sleeper on the railway track he was hit by a stone and was treated initially at Railway Hospital at Agra but subsequently his treatment and his salary was stopped by the department w.e.f. 3.2,1995 without any cause. This compelled him to take treatment in the private hospital.

5. It appears from perusal of the judgment and record that the petitioner had filed case No. 26 of 1995 before the Commissioner ( Workman Compensation) Agra for claiming compensation on the basis of injury which is claimed to have been sustained by him during the course of employment. His claim was allowed by the Commissioner ( Workman Compensation) Agra to the extent of 30 per cent for loss of vision under the said Act, vide order dated 26.3.1997.

6. The petitioner in the aforesaid backgrounds filed O.A. No. 825 of 1995 for a direction to treat the petition in regular service by granting him medical leave and for providing him with light duty. It is stated that from counter affidavit filed in the aforesaid O.A. he came to know that the Chief Medical Superintendent Jhansi had recommended for initiating disciplinary action against the petitioner on the ground that the Chief Medical Officer, Central Railway, Agra had issued fitness certificate to the petitioner on 28.2.1995 and thereafter he was not reporting for duty.

7. Inquiry proceedings were initiated against the petitioner by issuing charge sheet dated 18/20.7.1995 for unauthorized absence from duty w.e.f. 28.2.1995. He was granted opportunity in the inquiry proceedings but he did not participate therein taking shelter of the plea that the aforesaid O.A. No. 825 of 1995 filed by him was pending before the tribunal. In the circumstances, the inquiry proceeded ex-parte and a report was submitted by the inquiry officer to the disciplinary authority on 6.6.1997. The inquiry report is also challenged on the ground that the applicant was called upon to represent but he could not do so as he had not received the inquiry report in time. The disciplinary authority after consideration of facts in the enquiry report ordered removal of the petitioner from service vide its order dated 14.8.1997.

8. The petitioner claims that he came to know abou

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